Terms & Conditions of Use
Welcome to Playersaloons.com ( Primary property of Skillplay Limited), and thank you for your interest in our website and services. These Terms of Use govern your access to and use of the Playersaloons.com website located at www.playersaloons.com (Primary property of Skillplay Limited) and any other related websites, online services, downloadable content, products, or services that we may offer (collectively referred to as "Services" or "Products"). By using our Services, you agree to these terms as a binding legal contract between you ("you," "your") and Playersaloons.com (primary propert of skillplay Limited) ("we," "us," "our"). All visitors and users of the Services are referred to individually as a “User” and collectively as “Users.”
PLEASE READ THESE TERMS OF USE CAREFULLY. BY REGISTERING, ACCESSING, BROWSING, OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, ALONG WITH OUR PRIVACY POLICY.
Please note that Playersaloons is an independent entity and is not affiliated with, endorsed by, or sponsored by any other company, including but not limited to Apple Inc., Electronic Arts, Microsoft, Sony, or any other game developers and publishers. All content, game titles, trademarks, and other intellectual property are the property of their respective owners.
1. Access and Use of the Service
Registration Obligations
To access certain features of our Services, you must register for an account
with Playersaloons.com. By registering, you agree to provide accurate, current,
and complete information about yourself. Your registration data and certain
other information about you are subject to our Privacy Policy. You must be of
legal age (usually 18 years old) to form a binding contract. Users are allowed
to maintain only one account. If we discover that you have multiple accounts,
we reserve the right to terminate all related accounts without prior notice,
and any accumulated virtual currency, achievements, or rewards in those
accounts will be reset to zero.
Legal Compliance
You are responsible for complying with the laws of the jurisdiction from which
you access the Site or participate in any skill-based challenges. Participation
in fee-based tournaments for prizes may be restricted or prohibited in certain
U.S. states (Arizona, Iowa, Hawaii, Mississippi, Montana, Nevada, and South
Dakota) and other countries. It is your responsibility to ensure your
compliance with all applicable laws.
Eligibility; Accounts
The Website is not available to:
(A) Any users previously suspended or removed by us.
(B) Anyone under the age of 18 without consent from a legal guardian.
(C) Users in jurisdictions that prohibit participation in fee-based tournaments
or competitions.
Acceptance
By clicking "I Agree" or registering for an account, you confirm
that:
(i) You are at least 18 years old or of legal age to enter into a contract in
your jurisdiction, or you have consent from a parent or legal guardian if under
18.
(ii) You are legally allowed to participate in fee-based tournaments or mutual
competitions in your jurisdiction.
(iii) You have not been previously suspended or removed from our Services.
(iv) All information provided during registration is accurate and up-to-date.
Account Security
You are solely responsible for maintaining the confidentiality of your account
information, including your password. You agree to notify us immediately of any
unauthorized use of your account. You acknowledge that any use of the Services
under your account is your responsibility, and you agree to provide true,
accurate, and current information at all times.
2. Site Services
Playersaloons.com serves as a platform for users to participate in skill-based tournaments and mutual competitions. We do not support gambling or games of chance. Our services are strictly for games of skill, and all tournament details, including entry fees and prizes, will be displayed on the tournament pages.
Entry & Service Fee
Each tournament or mutual competition has an entry fee, which is
non-refundable. Playersaloons retains a service fee from the total prize pool,
and any remaining prize money is distributed to the winner(s) according to the
tournament rules.
Posting and Accepting Challenges
Users can create and participate in challenges on the website. If a tournament
does not meet the minimum participant requirement, it may be canceled, and
entry fees refunded after deducting Playersaloons' service fees.
Cancellation of Tournament
Tournaments may be canceled by organizers or participants under specific
conditions, and refunds will be processed as outlined in the cancellation
policy. Please refer to the detailed terms regarding refunds, cancellations,
and rescheduling.
Skill-Based Tournament Results
Results must be reported within the specified timeframe. Discrepancies will be
handled through our dispute resolution process, with final decisions being
binding. Playersaloons reserves the right to cancel tournaments or competitions
if results are not reported in time, with refunds processed accordingly.
3. Dispute Resolution Process
In the event of a disputed result, Users must report the issue within the designated timeframe. We will investigate and make a final decision, which will be binding on all parties involved. Any evidence of cheating or misconduct will result in penalties, including disqualification and forfeiture of prizes.
Electronic Agreement & Notice
These Terms constitute an electronic contract that governs your use of the
Services. We may update these Terms at any time by posting updates on our
website. You agree to receive electronic communications from us, which will
satisfy any legal requirements for written communication.
Child Users
Users under the age of 18 may not create an account without consent from a
legal parent or guardian. By creating an account for a minor, the parent or
guardian agrees to be bound by these Terms on the minor's behalf.
4. Payment Terms
General
Users agree to pay all applicable fees, transaction costs, and taxes associated
with the Services ("Fees") as outlined on the Site. All payments must
be made in the currency specified at the time of purchase for tournaments or
mutual competitions. Users are responsible for any applicable taxes related to
the Services. By completing a purchase, you authorize us to charge your payment
method and agree to cover all incurred fees and transaction costs. If you have
a dispute regarding any charges, you must notify PlayerSaloon within sixty (60)
days of the charge.
Global Reporting Requirements
If your total winnings from PlayerSaloon in any calendar year exceed $600.00
(or €559.90 in the EU), PlayerSaloon may request your tax identification number
or equivalent, along with other necessary information to comply with tax
reporting obligations. Failure to provide the requested information may result
in the suspension of your account and privileges on the site, and PlayerSaloon
may be unable to credit your account or distribute any winnings above $600.00
(or €559.90) to you.
Payments and Billing
By providing payment information, you confirm that the details are accurate,
that you are authorized to use the specified payment method, and that you will
inform us of any changes to your payment information. We may use third-party
services to update expired payment card details automatically.
Account Withdrawals
You can request a withdrawal of funds from your Account balance at any time.
Each withdrawal may incur a transaction fee. Withdrawals are typically
processed through PayPal, check, bank transfer, or another method, depending on
the circumstances. In some cases, we may refund the withdrawal amount to the
credit card used for deposits rather than issuing a payment through other
methods. Additional personal information, such as your full legal name,
permanent residential address, phone number, email, alias, and social security
number, may be required to process the withdrawal and ensure compliance with
legal requirements. We reserve the right to block accounts in cases of
suspected fraudulent activity and may conduct credit checks using the
information provided during registration. Users acknowledge that Bonus Cash
credits are not eligible for withdrawal.
Payment Information Security
We take measures to protect the card information provided by users. However, we
do not accept liability for any damages, losses, or adverse outcomes related to
the use, protection, or handling of this information. Users understand and
accept the inherent risks associated with transmitting and storing card details
and assume all related risks and liabilities. If we suspect fraudulent payment
activity, including the use of stolen credentials or other unlawful actions, we
reserve the right to block the User's Account. We may report such activities to
the appropriate authorities or agencies and may use collection services to
recover payments. We also reserve the right to conduct credit checks based on
the information provided during registration.
Changes to Price Terms for Tournaments
We reserve the right to change the pricing terms for tournaments or mutual
competitions at any time, with advance notice provided. These changes will only
apply to renewals or future participation and will not affect existing
agreements.
Account Deposits and Withdrawals Processing
PlayerSaloon may use third-party electronic payment processors or financial
institutions ("ESPs") to manage financial transactions. By using our
services, you authorize us to instruct these ESPs to process deposits and
withdrawals from your Account. You agree to comply with the terms and
conditions of each applicable ESP. In the event of a conflict between this
Agreement and the ESP's terms, this Agreement will take precedence.
5. Verification of Account Information
PlayerSaloon
reserves the right to review your account information as gathered under
Sections 1 and 4 at any time to ensure compliance with these Terms and
applicable laws. You consent to our use and disclosure of your information to
third parties, including for verification purposes such as credit checks and
third-party database inquiries. You agree to provide any requested information
or documentation within thirty (30) days of our request. Failure to comply may
lead to the termination of your account and forfeiture of any remaining funds.
PlayerSaloon is not liable for any losses resulting from unauthorized use of
your payment methods, including credit or debit cards, PayPal, or other payment
systems. You waive your right to dispute any payments made to your account and
accept full responsibility for any associated costs.
Modification and Termination of Services
You may
close your account at any time by providing us with thirty (30) days’ advance
written notice via email at accountinfo@playersaloon.com. We reserve the right
to close your account (including your login and password) for any reason,
including but not limited to, violation of these Terms, improper use of the
Services, or breach of any part of this Agreement, with or without prior
notice.
If your
account is closed, whether by you or by us, any outstanding balance will be
settled in accordance with the Withdrawal Request Section, except in cases
involving fraudulent activity or related issues, where no refund shall be
issued. If your account is terminated due to a violation of these Terms, a
Termination Fee of $5.00 (EU €4.67) will be deducted from your account in
addition to any applicable Withdrawal Fee.
If your
account remains inactive for sixty (60) consecutive days and has a balance of
$15.00 (EU €14.00) or less, it will be automatically closed, and the balance
will be considered an administrative charge and retained by PlayerSaloon.com.
If your account has a balance greater than $15.00 (EU €14.00) and remains
inactive for sixty (60) consecutive days, a $15.00 (EU €14.00) administrative
fee will be deducted. Subsequent thirty (30) consecutive days of inactivity
will result in an additional $10.00 (EU €9.33) charge. To prevent account
termination and associated fees, you must notify us in writing before the sixty
(60) day inactivity period ends by contacting us at info@playersaloon.com.
Upon
termination of your account, an automatic Withdrawal Request will be processed
for any remaining balance at PlayerSaloon’s sole discretion. We may also discontinue
providing the Service, or any part thereof, at any time, with or without
notice, leading to the forfeiture of all amounts in your account. PlayerSaloon
will not be liable to you or any third party for terminating your access to the
Service.
If your account
is terminated due to a breach of this Agreement, you may not be entitled to any
refund. All decisions regarding account termination are at the sole discretion
of PlayerSaloon, and we are not obligated to provide notice or reasons for the
termination. This Agreement will continue to apply even after your account is
terminated, and all terms that are intended to survive will remain in effect.
Modifications to Service
PlayerSaloon
reserves the right to modify or discontinue the Service (or any part thereof)
at any time, with or without notice. You agree that PlayerSaloon will not be
liable to you or any third party for any modification, suspension, or
discontinuation of the Service.
6. Third-Party Sites, Products, and Services; Links
The Service
may provide access to third-party websites and resources on the Internet.
PlayerSaloon has no control over these sites and resources and does not endorse
them. You agree that PlayerSaloon is not responsible for any damage or loss
caused or alleged to be caused by or in connection with the use of, or reliance
on, any content, goods, or services available through such sites or resources.
Any
interactions with third parties while using the Service are solely between you
and the third party. PlayerSaloon is not liable for any loss or claims you may
have against any such third party.
7. Intellectual Property Rights
Protection
of Service Content, Software, and Trademarks:
The Service contains content and features ("Service Content")
protected by intellectual property laws, including copyright, patent,
trademark, trade secret, and other proprietary rights. Unless expressly
authorized by PlayerSaloon, you agree not to modify, copy, frame, scrape, rent,
lease, loan, sell, distribute, or create derivative works based on the Service
or the Service Content, in whole or in part. This restriction does not apply to
your User Content (as defined below) that you legally upload to the Service.
Documentation, technical summaries, and proprietary information created by
PlayerSaloon are considered Service Content and are our exclusive property.
Transmitting such materials through email, chat, or phone violates this
Agreement.
In
connection with your use of the Service, you are prohibited from employing data
mining, robots, scraping, or similar data gathering/extraction methods. If
PlayerSaloon blocks your access to the Service (including by blocking your IP
address), you agree not to circumvent such blocking (e.g., by masking your IP
address or using a proxy IP address). Unauthorized use of the Service or the
Service Content is strictly prohibited.
The names
and logos on the Service are trademarks and service marks of PlayerSaloon
(collectively, "PlayerSaloon Trademarks"). These Terms of Service do
not grant you any license or right to use any PlayerSaloon Trademarks without
prior written permission. Other product and service names and logos on the
Service are trademarks or service marks of their respective owners, who are not
affiliated with or endorsed by PlayerSaloon.
Third-Party
Material:
PlayerSaloon uses third-party material on its website for informational
purposes only. PlayerSaloon is not endorsed by, directly affiliated with,
maintained, or sponsored by any of the companies mentioned. All content, game
titles, trade names, trademarks, artwork, and associated imagery are the
trademarks and copyright material of their respective owners.
PlayerSaloon
is not responsible for third-party content or materials, including
user-generated content. For example, NBA 2K23 is a registered trademark of
Take-Two Interactive Software, Inc.; PUBG is a registered trademark of PUBG
Corporation; GTA Online is a registered trademark of Take-Two Interactive
Software, Inc.; Madden NFL 24 is a registered trademark of Electronic Arts Inc.
(EA); and so on. This list is not exhaustive and includes errors or omissions
in any content or any loss or damage resulting from the use of such content.
PlayerSaloon may remove content that violates these Terms of Service or is
deemed objectionable in its sole discretion. You agree to assume all risks
associated with using any content, including reliance on its accuracy,
completeness, or usefulness.
User Content
Transmitted Through the Service:
When you upload or share content through the Service, such as documents,
images, videos, or other materials via your account ("User Content"),
you guarantee that you own all rights to the User Content. You retain all
intellectual property rights in your User Content, and PlayerSaloon does not
claim ownership of your User Content.
By submitting,
posting, or making your User Content publicly available via the Service, you
grant PlayerSaloon a worldwide license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, publicly perform,
and display your User Content. This license includes the right to incorporate
your User Content into other works, in any form, media, or technology, whether
currently known or developed in the future, for any lawful business purpose.
You
acknowledge and agree that any questions, comments, suggestions, ideas,
feedback, or other information about the Service ("Submissions")
provided by you to PlayerSaloon are non-confidential, and PlayerSaloon is
entitled to use and disseminate these Submissions for any purpose without
acknowledgment or compensation to you.
PlayerSaloon
may preserve and disclose content if required by law or in the good faith
belief that such action is necessary to (a) comply with legal processes, laws,
or government requests; (b) enforce these Terms of Service; (c) respond to
claims that any content violates the rights of third parties; or (d) protect
the rights, property, or personal safety of PlayerSaloon, its users, and the
public. The technical processing and transmission of the Service, including
your content, may involve (a) transmissions over various networks and (b)
modifications to conform to the technical requirements of connecting networks
or devices.
Copyright
Complaints:
PlayerSaloon respects the intellectual property rights of others and expects
users to do the same. If you believe your work has been copied in a way that
constitutes copyright infringement or that your intellectual property rights
have been violated, please notify us by following the procedure below.
We will
process and investigate notices of alleged infringement and take appropriate
action under the Digital Millennium Copyright Act (DMCA) and other applicable
intellectual property laws. Please send your notification of claimed copyright
infringement to info@playersaloon.com with the subject line "DMCA Takedown
Request." The notification must include:
· 8. Confidentiality Users acknowledge that during the term of this agreement, they may gain access to sensitive and proprietary information regarding our business operations. This includes, but is not limited to, software programs, inventions, designs, documents, research activities, business strategies, and corporate knowledge (“Confidential Information”). Users agree to exercise reasonable care and take appropriate measures to safeguard this Confidential Information from unauthorized disclosure. Users also agree not to disclose or allow the disclosure of any Confidential Information to any third party.
· If a User is legally compelled to disclose any Confidential Information, compliance with such legal requirements shall not be considered a breach of this Agreement. Users retain the right to disclose Confidential Information as required by law. Where legally permissible and feasible, Users will provide advance notice to us of such disclosure, allowing us to seek confidential or protective measures for the information. This confidentiality obligation shall survive the termination of this Agreement for a period of two years. Upon termination, Users agree to return or destroy all Confidential Information provided by us. This confidentiality clause may be supplemented by a separate non-disclosure agreement between the parties.
· 9. Indemnification To the extent allowed by applicable law, you agree to indemnify, defend, and hold harmless Service Provider (playersaloons.com), including its parent company, successors, affiliates, officers, directors, employees, agents, contractors, and third-party suppliers and partners (“Parties and Partners”) from any and all losses, damages, liabilities, costs, and expenses (including legal fees) arising from any claim or demand made by a third party due to or arising out of: (i) your use or misuse of the Services; (ii) your breach or alleged breach of these Terms; (iii) any violation of applicable laws or regulations, including failure to obtain necessary consents or provide required notices; (iv) any infringement by you or any third party using your account of any intellectual property, privacy, or other rights of a third party; or (v) any interaction, agreement, or policy violation between you and another User.
· Service Provider (playersaloons.com) reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are obligated to indemnify us, and you agree to cooperate with our defense of these claims. You may not settle any claim without our prior written consent. We will make reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
· 10. Disclaimers; No Warranties PlayerSaloon.com does not assume any obligations to you. We are not required to verify whether users are using the services in compliance with this Agreement or any other agreements. PlayerSaloon is under no obligation to investigate or respond to any complaints made by one user against another or to take any action against a user for any reason, including violations of this Agreement. We may, at our discretion, take action against any user suspected of unlawful activity or breaching these Terms, but we are not obligated to do so.
· You are not entitled to a refund from PlayerSaloon for any amounts you believe are owed to you due to another user's conduct, regardless of whether PlayerSaloon takes action against that user. It is your responsibility to address such issues directly with the other user.
· UNDER NO CIRCUMSTANCES ARE YOU ENTITLED TO A REFUND FROM PLAYERSALOON FOR ANY AMOUNTS LOST WHILE PARTICIPATING IN A COMPETITION OR MUTUAL COMPETITION.
· No Warranties THE WEBSITE AND ALL SERVICES, INFORMATION, SOFTWARE, CONTENT (WHETHER OWNED OR LICENSED), USER CONTENT, AND RELATED MATERIALS PROVIDED THROUGH THE WEBSITE (THE "SERVICE PROVIDER OFFERINGS") ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SERVICE PROVIDER DISCLAIMS ALL WARRANTIES, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUALITY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WE RESERVE THE RIGHT TO MODIFY OR DISCONTINUE ANY PART OF THE WEBSITE OR ITS CONTENT AT ANY TIME.
· Content SERVICE PROVIDER DOES NOT WARRANT THAT THE WEBSITE OR ANY OF ITS CONTENT, SERVICES, OR FUNCTIONS WILL BE UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY ISSUES WILL BE CORRECTED. SERVICE PROVIDER MAKES NO WARRANTY THAT (1) THE SERVICES WILL MEET YOUR EXPECTATIONS, BE TIMELY, SECURE, ACCURATE, OR UNINTERRUPTED; (2) THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (3) ANY DEFECTS WILL BE CORRECTED. SOME FEATURES MAY BE NEW OR EXPERIMENTAL AND MAY NOT HAVE BEEN TESTED EXTENSIVELY.
· Harm to Your Computer YOU UNDERSTAND AND AGREE THAT YOUR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINING OF CONTENT, WEBSITE MATERIALS, SOFTWARE, OR DATA THROUGH THE WEBSITE IS AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA RESULTING FROM SUCH ACTIVITIES.
· Limitations by Applicable Law SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
· 11. Limitation of Liability and Damages
· Limitation of Liability UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL SERVICE PROVIDER (playersaloons.com) OR ITS PARTNERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FROM UNSUCCESSFUL COURT ACTIONS, LOST BUSINESS, REVENUE, OR PROFITS, LOSS OF DATA, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS) ARISING OUT OF OR RELATED TO (i) THESE TERMS; (ii) YOUR USE OR INABILITY TO USE THE WEBSITE OR SERVICE PROVIDER OFFERINGS; OR (iii) ANY OTHER INTERACTIONS WITH SERVICE PROVIDER OR ANY THIRD PARTY THROUGH OR IN CONNECTION WITH THE SERVICE PROVIDER OFFERINGS, INCLUDING OTHER USERS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH CASES, SERVICE PROVIDER'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
· Limitation of Damages IN NO EVENT WILL SERVICE PROVIDER'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE EXCEED THE AMOUNT PAID BY YOU TO SERVICE PROVIDER, IF ANY, FOR ACCESSING THE WEBSITE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR FIVE HUNDRED DOLLARS ($500), WHICHEVER IS GREATER.
· Basis of the Bargain YOU ACKNOWLEDGE AND AGREE THAT SERVICE PROVIDER (playersaloons.com) HAS OFFERED THE WEBSITE AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN. THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND SERVICE PROVIDER, FORMING AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. SERVICE PROVIDER WOULD NOT BE ABLE TO PROVIDE THE WEBSITE ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
· Jurisdiction-Specific Limitations SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE. IF YOU ARE DISSATISFIED WITH ANY PART OF THE SERVICE OR THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
· IF YOU ARE A USER FROM NEW JERSEY, THE SECTIONS TITLED “DISCLAIMER, NO WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE AS BROAD AS PERMITTED UNDER NEW JERSEY LAW. IF ANY PART OF THESE SECTIONS IS DEEMED INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF THAT PART WILL NOT AFFECT THE REMAINING PORTIONS OF THE SECTIONS.
· 12. Miscellaneous
· Force Majeure Neither party will be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including, but not limited to, natural disasters, acts of God, government actions, or wars.
Waiver The failure of Service Provider (playersaloons.com)
to exercise or enforce any right or provision of these Terms will not
constitute a waiver of such right or provision. Any waiver of any provision of
these Terms will be effective only if in writing and signed by us.
Severability
If any provision within these Terms or related Guidelines is found to be
unlawful, void, or unenforceable for any reason, that provision will be
adjusted or removed only to the extent necessary, without impacting the
validity and enforceability of the remaining provisions.
Assignment
These Terms, along with any rights or licenses granted hereunder, cannot be
transferred or assigned by you without prior written consent from the Service
Provider. However, we reserve the right to assign or transfer these Terms and
any rights or licenses granted under them without restriction. Any assignment
attempted by you in violation of these Terms will be considered null and void.
Survival
Upon termination of these Terms, any provisions that by their nature or
explicit wording are intended to survive will remain in effect. This includes,
but is not limited to, sections on Privacy Policy, Modification of the Terms,
Proprietary Materials, Confidentiality, Intellectual Property Rights,
Assignment, and Miscellaneous Provisions (such as Dispute Resolution and
Arbitration).
Electronic Notice
You agree to receive all notices, agreements, disclosures, and other
communications from us electronically via the email address you have provided.
These electronic communications fulfill any legal requirement that such
communications be in writing.
Parental Control Protection
In accordance with the Communications Decency Act of 1996, we inform you that
parental control protections (like computer hardware, software, or filtering
services) are commercially available to help you limit access to content that may
be inappropriate for minors. Some providers of such services include
CyberPatrol, NetNanny, SurfWatch, and GuardOne. We do not endorse, control, or
have any affiliation with these providers or their services.
Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS. BY
AGREEING TO BINDING ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO LITIGATE
DISPUTES IN COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.
A. General: To expedite and reduce the cost of disputes, both the Service Provider and you agree that any legal or equitable claim, dispute, or proceeding arising out of or related to your use of the Services or these Terms ("Dispute") will be resolved as follows to the fullest extent allowed by law.
B. Binding Arbitration: If a Dispute has not been resolved through negotiation within sixty (60) days (or another period agreed upon by you and the Service Provider), it will be resolved through binding arbitration as outlined in this section. All Disputes will be resolved by a neutral arbitrator, whose decision will be final, except for a limited right of appeal under the applicable arbitration law. The arbitration will take place within the jurisdiction of the Service Provider. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
C. Class Action Waiver: Any Dispute resolution process, whether in arbitration or otherwise, will be conducted solely on an individual basis. Neither you nor the Service Provider will seek to have any Dispute heard as a class action or in any other representative capacity. Disputes cannot be combined with others without the prior written consent of all involved parties. You may file a Dispute only on your own behalf and cannot seek relief that would affect other users. If a court finds that a specific Dispute cannot be arbitrated under the terms of this section, that Dispute may be heard in court, but all other Disputes will remain subject to arbitration.
D. Confidentiality: All aspects of the arbitration process, including any ruling, decision, or award by the arbitrator, will be kept strictly confidential by all parties.
Jurisdiction
These Terms, and any disputes or claims arising from them, will be governed and
interpreted in accordance with the laws of the jurisdiction where the Service
Provider is based, without regard to conflicts of law principles. If any
provision of these Terms is found to be invalid, illegal, or unenforceable by a
court of competent jurisdiction, that provision will be limited or removed as necessary,
and the remaining provisions will continue in full force and effect.
Entire Agreement
These Terms, together with the Privacy Policy and Acceptable Use Guidelines,
constitute the complete and exclusive agreement between you and the Service
Provider regarding your use of the Services. No amendments or modifications
will be effective unless agreed to in writing by both parties or as otherwise
specified in these Terms, the Privacy Policy, or the Acceptable Use Guidelines.
Your Privacy
We value your privacy. For details on how we handle your personal data, please
review our Privacy Policy. By using our Services, you consent to the collection
and use of your personal information as described therein.
Contact Information
If you have any questions, concerns, or suggestions, please reach out to us at
info@playersaloons.com. We're here to help with any issues you may encounter,
including violations of our Terms of Service or clarifications about our
policies or services.
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