Website Terms of Use
PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. THESE WEBSITE TERMS OF USE GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE. THE WEBSITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS, OR USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT (“YOU” OR “YOUR”) SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.
1. User Eligibility
The Website is provided by EMPORIUM ARCADE BAR and is available only to persons over the age of 21 under applicable law. If You do not qualify, you are not permitted to use the Website.
2. Scope of Terms of Use
These Terms of Use govern Your use of the Website and all applications, software, and services (collectively, “Services”) available on the Website, except to the extent such Services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services and other items provided to You on the Website (“Service Agreement(s)”). Any such Service Agreements accompany the applicable Services or are listed in association with or through a hyperlink associated with the applicable Services.
3. Modifications
EMPORIUM ARCADE BAR may revise and update these Terms of Use at any time. Your continued usage of the Website after any changes to these Terms of Use will mean You accept those changes. Any aspect of the Website may be changed, supplemented, deleted, or updated without notice at the sole discretion of EMPORIUM ARCADE BAR. EMPORIUM ARCADE BAR may also change or impose fees for products and services provided through the Website at any time at its sole discretion. EMPORIUM ARCADE BAR may establish or change, at any time, general practices and limits concerning other EMPORIUM ARCADE BAR products and services in its sole discretion.
4. Information Submitted Through the Website and the Services
Your submission of information through the Website and the Services is governed by these terms of Use. You represent and warrant that any information You provide through the Website or the Services is and will remain accurate and complete and that You will maintain and update such information as needed.
With respect to any individual whose personal information is provided by You to EMPORIUM ARCADE BAR through the Website and the Services, You represent to EMPORIUM ARCADE BAR that You have the authority to provide such information and that You have provided all necessary notice and obtained all necessary consents for the processing of such information contemplated by the Services You are using.
5. License and Ownership
Any and all intellectual property rights (“Intellectual Property”) associated with the Website and its contents (the “Content”) are the sole property of EMPORIUM ARCADE BAR, its affiliates or third parties. The Content is protected by copyright and other laws in both the United States and other countries. Elements of the Website may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Website are trademarks, service marks, or trade dress (“Marks”) of EMPORIUM ARCADE BAR, its affiliates or other entities that have granted EMPORIUM ARCADE BAR the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of EMPORIUM ARCADE BAR. Except as otherwise expressly authorized by these Terms of Use, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Website in any way without EMPORIUM ARCADE BAR’s or the appropriate third party’s prior written permission. Except as expressly provided herein, EMPORIUM ARCADE BAR does not grant to You any express or implied rights to EMPORIUM ARCADE BAR’s or any third party’s Intellectual Property.
EMPORIUM ARCADE BAR grants You a limited, personal, non-transferable, non-sublicensable, revocable license to access and use only the Website, Content, and Services only in the manner presented by EMPORIUM ARCADE BAR in the manner expressly permitted by EMPORIUM ARCADE BAR. Except for this limited license, EMPORIUM ARCADE BAR does not convey any interest in or to the EMPORIUM ARCADE BAR Systems, information or data available via the EMPORIUM ARCADE BAR Systems (the “Information”), Content, Services, Website, or any other EMPORIUM ARCADE BAR property by permitting You to access the Website. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold, or redistributed without the prior written consent of EMPORIUM ARCADE BAR. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit, or otherwise use the Content in any way unless expressly permitted to do so by EMPORIUM ARCADE BAR.
6. Restrictions on Use of the Website
In addition to other restrictions set forth in these Terms of Use, You agree that:
(a) You shall not disguise the origin of information transmitted through the Website.
(b) You will not place false or misleading information on the Website.
(c) You will not use or access any service, information, application, or software available via the Website in a manner not expressly permitted by EMPORIUM ARCADE BAR.
(d) You will not input or upload to the Website any information which contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website, or Information or that infringes the Intellectual Property (defined below) rights of another.
(e) Certain areas of the Website are restricted to customers of EMPORIUM ARCADE BAR.
(f) You may not use or access the Website or the EMPORIUM ARCADE BAR Systems or Services in any way that, in EMPORIUM ARCADE BAR’s judgment, adversely affects the performance or function of the EMPORIUM ARCADE BAR Systems, Services or the Website or interferes with the ability of authorized parties to access the EMPORIUM ARCADE BAR Systems, Services or the Website.
(g) You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of EMPORIUM ARCADE BAR.
7. Links
(a) Outbound Links. The Website may contain links to third-party Websites and resources (collectively, “Linked Sites”). These Linked Sites are provided solely as a convenience to You and not as an endorsement by EMPORIUM ARCADE BAR of the content on such Linked Sites. EMPORIUM ARCADE BAR makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. EMPORIUM ARCADE BAR is not responsible for the availability of the Linked Sites or the content or activities of such sites. If You decide to access Linked Sites, You do so at Your own risk. In addition, Your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site’s privacy policy.
(b) Inbound Links. Linking to any page of the Website other than to http://www.EmporiumArcadeBar.com through a plain text link is strictly prohibited in the absence of a separate linking agreement with EMPORIUM ARCADE BAR. Any website or other device that links to http://www.EmporiumArcadeBar.com or any page available therein is prohibited from (a) replicating Content, (b) using a browser or border environment around the Content, (c) implying in any fashion that EMPORIUM ARCADE BAR or any of its affiliates are endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with EMPORIUM ARCADE BAR or any of its affiliates, (e) presenting false information about EMPORIUM ARCADE BAR products or services, and (f) using any logo or mark of EMPORIUM ARCADE BAR or any of its affiliates without express written permission from EMPORIUM ARCADE BAR.
8. Submissions
EMPORIUM ARCADE BAR does not accept ideas, concepts, or techniques for new services or products through the Website (“Comments”). If such Comments are received, You acknowledge that (a) they will not be considered confidential or proprietary, (b) EMPORIUM ARCADE BAR and its affiliates are under no obligation to keep such information confidential, and (c) EMPORIUM ARCADE BAR will have an unrestricted, irrevocable, worldwide, royalty-free right to use, communicate, reproduce, publish, display, distribute, and exploit such comments in any manner it chooses.
9. Termination
You agree that EMPORIUM ARCADE BAR, in its sole discretion, may terminate or suspend Your use of the Website, the EMPORIUM ARCADE BAR Systems, Information, Services, and Content at any time and for any or no reason in its sole discretion, even if access and use continue to be allowed to others. Upon such suspension or termination, You must immediately (a) discontinue the use of the Website, and (b) destroy any copies You have made of any portion of the Content. Accessing the Website, the EMPORIUM ARCADE BAR Systems, Information or Services after such termination, suspension, or discontinuation shall constitute an act of trespass. Further, You agree that EMPORIUM ARCADE BAR shall not be liable to You or any third party for any termination or suspension of Your access to the Website, the EMPORIUM ARCADE BAR Systems, Information, and/or the Services.
10. Disclaimer of Warranties
EMPORIUM ARCADE BAR MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEBSITE, THE EMPORIUM ARCADE BAR SYSTEMS, THE SERVICES, THE INFORMATION, OR THE CONTENT. THE USE OF THE SAME IS AT YOUR OWN RISK.
THE WEBSITE, THE EMPORIUM ARCADE BAR SYSTEMS, THE INFORMATION, THE SERVICES, AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. EMPORIUM ARCADE BAR, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. EMPORIUM ARCADE BAR AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY, OR TIMELINESS OF THE CONTENT, INFORMATION, OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE WEBSITE OR THE EMPORIUM ARCADE BAR SYSTEMS. NO INFORMATION OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY THE EMPORIUM ARCADE BAR IN THESE TERMS OF USE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.
11. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT THE EMPORIUM ARCADE BAR IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, THE EMPORIUM ARCADE BAR IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EMPORIUM ARCADE BAR, ITS AFFILIATES, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE WEBSITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, THE EMPORIUM ARCADE BAR SYSTEMS, INFORMATION, SERVICES OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EMPORIUM ARCADE BAR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.
14. Compliance with Law
You agree to use the Website in strict compliance with all applicable laws, rulings, and regulations and in a fashion that does not, in the sole judgment of EMPORIUM ARCADE BAR, negatively reflect on the goodwill or reputation of EMPORIUM ARCADE BAR and shall take no actions which would cause EMPORIUM ARCADE BAR to be in violation of any laws, rulings or regulations applicable to EMPORIUM ARCADE BAR.
EMPORIUM ARCADE BAR and the Website are based in the United States. You agree to comply with all such applicable restrictions and that you are solely responsible for compliance with the laws of Your local jurisdiction and any other applicable laws regarding the Content use on this site (including any software or the Services).
15. General
You may not assign these Terms of Use or any of Your interests, rights, or obligations under these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
16. Written Document
You may preserve these Terms of Use in written form by printing them for Your records, and You waive any other requirement that these Terms of Use be evidenced by a written document.
17. Complete Agreement
EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE LICENSE, SERVICE, OR OTHER WRITTEN AGREEMENT BETWEEN YOU AND EMPORIUM ARCADE BAR OR IN THE APPLICABLE EMPORIUM ARCADE BAR RATE AND SERVICE GUIDE OR EMPORIUM ARCADE BAR TARIFF, THESE TERMS OF USE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND EMPORIUM ARCADE BAR WITH RESPECT TO THE USE OF THE WEBSITE, THE EMPORIUM ARCADE BAR SYSTEMS, AND ANY SOFTWARE OR SERVICE, INFORMATION AND CONTENT CONTAINED THEREIN, AND SUPERSEDE ALL DISCUSSIONS, COMMUNICATIONS, CONVERSATIONS AND AGREEMENTS CONCERNING THE SUBJECT MATTER HEREOF.
22. Customer Service
Questions or comments regarding the Website may be submitted to EMPORIUM ARCADE BAR Customer Service via email at: info@emporiumarcadebar.com