Terms of Service
The terms of this agreement (the “Terms of Service”) govern the relationship between you (“you” or “user”) and 4th Ave and/or its affiliates (“4th Ave,” “we,” or “us”) regarding your play or use of, or participation in, 4th Ave mobile games (“Games”) and related services and game support applications, including, without limitation, every 4th Ave App or other game related applications (“Application,” “Applications,” or “App”), 4th Ave-branded websites (“Websites”), online communities for Games or social network services offered platform for Games (each a “Service” and collectively, the “Services”).
4th Ave reserves the right to amend, at our discretion, any portion of the 4th Ave Policy or this Terms of Service at any time by posting or displaying the amended 4th Ave Policy or Terms of Service within and. or on the Games, or any of the Websites. Your continued use of the Services shall constitute acceptance of such amendments. Except as otherwise stated, any amendments to the 4th Ave Policy or the Terms of Service will be automatically effective 30 calendar days after they are initially posted or displayed.
- THESE TERMS CREATE A LEGALLY BINDING AGREEMENT between you (“User” or “You”) and 4th Ave in relation to the Services.
- Eligibility of User: Natural persons as opposed to any kinds of legal entities shall have the right to create an account. By accessing, using and/or submitting content or messages to or through our Services, you represent and agree that you have the legal capacity to agree to accept the Terms of Service in the jurisdiction where you reside. If you are legally incompetent or are under the age of 13 or less, your use of our Services may be limited unless we obtain a consent from your legal guardian or parent.
- Parental Control Information: Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to materials that are harmful to minors. Information on such protection is available at sites online.
2.0 Accessing and Using the Services
- Limited License: Subject to your agreement to and complete compliance with the Terms of Service, 4th Ave grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to access and use our Services for your own personal and non-commercial use. You agree to use our Services ONLY for the purposes allowed pursuant to the terms of this agreement. Any other use shall be deemed a material breach of this agreement and will result in revocation of this limited license.
- Revocation of Limited License, Change of Services: We reserve the right to revoke the limited license granted to you herein in our sole and absolute discretion. We may also, in our sole and absolute discretion, limit or terminate your right to access or use our Services or part thereof, maintain or delete your account and any items associated therewith, including but not limited to any Virtual Money or Virtual Goods (as defined below), without any liability to you. YOU UNDERSTAND AND AGREE THAT YOU WILL NOT BE COMPENSATED UNDER ANY CIRCUMSTANCES FOR ANY VIRTUAL MONEY, VIRTUAL GOODS, ANYTHING ELSE ASSOCIATED WITH YOUR ACCOUNT, OR FOR ANY OTHER REASON WHATSOEVER, REGARDLESS OF WHETHER YOU ARE BARRED FROM ACCESS TO THEM AS A RESULT OF REVOCATION OF THE LIMITED LICENSE OR CHANGE OF OUR SERVICES.
In addition, we reserve the right to change all or part of our Services without any liability to you, at any time without any prior notice to you. The reasons that we may modify our Services include, without limitation: (a) technical reasons (for example, technical difficulties or internet service disruptions); (b) to allow us to improve your user experience; (c) legal reasons; (d) business reasons (for example, when provision of a relevant Service no longer makes business sense, or we decide to provide different Services); or (e) alteration to the Services we provide.
- System Outage: There may also be times when our Services or any part thereof are not available for technical and/or maintenance related reasons. These outages may or may not be scheduled. You hereby agree and acknowledge the 4th Ave has no responsibility and is not liable for any unavailability of the Services or any part thereof, any loss of materials, data, transactions or any other information or materials caused by such system outages, or other losses whatsoever resulting from any such system outage.
- Game Rules: The specific game rules, scoring rules, controls and guidelines for the Services can be found within each Service itself. Such rules, controls and guidelines form part of the Terms of Service and hereby are incorporated herein. You acknowledge and agree that you shall comply with the game rules, control and guidelines with respect to each individual Service which you choose to access and/or play.
- Third Party Charges: You agree that you are responsible for the internet connection and/or mobile charges that you may incur for playing the Games or using the Services. It is in your best interests to consult with your mobile service provider or internet service provider before you play or use the Services if you are unsure what these charges will be. Additionally, we are not responsible or liable to you for any credit card or bank-related charges and fees related to your transactions in relation to your use of the Services.
- Equipment/Service Providers: You acknowledge and agree that you are responsible for obtaining and maintaining computer hardware, mobile phone device, communication device, equipment, operating system, data connection, and services necessary for using the Service at your own expense.
- Guest Account: In order to use our Services, you will be required to make 4th Ave account, thus we do not offer guest accounts at current.
- Social Network Services Account: You may allow our Services to interact with a third-party social network or platform, which will provide data about you to us. If you choose to connect to one of our Websites or Applications through a third-party social network such as Facebook or Game Center (for iOS devices), we may collect personal information from your profile on such third-party social networks, such as your name, username, and photographs. You should ensure that you read their terms of service and privacy policies to understand how they treat your data and what data they might share with us as we have no control over their privacy policies.
- Responsibility of Account User: YOU ARE SOLELY AND FULLY RESPONSIBLE FOR KEEPING YOUR LOGIN DETAILS CONFIDENTIAL AND ALL USES OF YOUR ACCOUNT, INCLUDING ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH THE USE OF YOUR LOGIN DETAILS, WHETHER NOT AUTHORIZED BY YOU. You may not use anyone else’s account or permit others to use your account at any time. You acknowledge and agree to accept full responsibility for all fees and purchases made through your account (including any unauthorized purchases) and agree to fully compensate us for any loss or harm that may result. 4th Ave will not be responsible to you for any losses resulting from an unauthorized access or use of your account, whether fraudulently or otherwise.
- Termination of Inactive Accounts: WE RESERVE THE RIGHT TO TERMINATE YOUR ACCOUNT WITHOUT ANY NOTICE if your account has not been accessed for more than 180 days. In such event, you will no longer be able to access and/or use the Services using the terminated account. Any Virtual Money and/or Virtual Goods associated with the terminated account will also be deleted, and no refund will be offered to you for any merchandise, such Virtual Money, or Virtual Goods deleted.
- Effect of Account Termination: You understand that if you delete your account, or if we terminate and/or delete your account in accordance with the Terms of Service, you may lose access to any data previously associated with your account (including, without limitation, the level or score you have reached in our Services and any Virtual Money or Virtual Goods associated with your account).
- Digital wallet: In order to use various Services, you may have to register a digital wallet (the “Digital Wallet”).
4.0 Virtual Goods and Virtual Money
- Virtual Goods and Virtual Money in our Services: Our Services may include fictional currencies such as (Insert various forms of currency) (“Virtual Money”) and virtual items or services for use with our Services (“Virtual Goods”). You can buy Virtual Money from us for real money if you are a legal adult in your country of residence. If you are a legal adult in your country of residence, you may also be able to buy Virtual Goods for real money and/or other credits. You agree that you will only purchase Virtual Money and/or Virtual Goods from us or a third-party store used by us(such as the Google play store or the Apple App Store), and not from any third party. We reserve the right to charge fees for the right to access or use Virtual Money or Virtual Goods, and we revise the perceived value or pricing for any Virtual Money or Virtual Goods. We may also decide to distribute Virtual Money or Virtual Goods without charge, in our sole discretion.
- Ownership of Virtual Goods and Virtual Money: You do not own Virtual Goods or Virtual Money but instead you purchase a limited personal revocable license to use Virtual Goods or Virtual Money exclusively within the Services – any balance of Virtual Goods or Virtual Money does not reflect any cash or stored value. You have no other rights, title or ownership with respect to Virtual Money or Virtual Goods. YOU ACKNOWLEDGE AND AGREE THAT VIRTUAL MONEY OR VIRTUAL GOODS HAVE NO CASH VALUE AND CAN NEVER BE EXCHANGED FOR REAL MONEY, GOODS OR SERVICES FROM US OR ANYONE ELSE UNLESS OTHERWISE INDICATED WITHIN THE PARTICULAR SEVICE (for example see section 5 of the Terms of Service).
- Finality of Sales: You agree that all sales of Virtual Money and Virtual Goods are final and that we will not refund any transaction once it has been made. A license to use Virtual Goods or Virtual Money is granted immediately when your purchase is complete. The performance of our Services begins and completes promptly, and therefore your right of withdrawal is lost at this point.
- Control of Virtual Money and Virtual Goods: We reserve the right to control, regulate, change or remove any Virtual Money or Virtual Goods in our sole discretion and without any liability to you.
- Transfer of Virtual Money and Virtual Goods: We prohibit and do not recognize any purported transfers of Virtual Money or Virtual Goods effectuated outside of our Services, or the purported sale, gift or trade in the “real world” of anything that appears or originates in our Services, unless expressly authorized by us. Any such transfer or attempted transfer is prohibited and void, and may subject your account to termination.
- Subscriptions: We may offer various subscription plans for Games, purchasing of virtual items, contest entries, or virtual currencies via various platforms, such as Apple or Google.
- Your payment shall be made in accordance with the payment policy of the platform of your use. You may change the payment methods as indicated in the various platforms.
- Information regarding service or items you are purchasing, payment plan (including yearly or monthly plans), subscription period, expiration date, and subscription cancellation will be provided to you prior to making your payment.
- Information regarding renewal of your subscription will be provided to you 24 hours before the end of your subscription period, and shall be automatically renewed unless you expressly cancel the renewal. Please be advised that the renewal fee will be automatically charged to you upon renewal of subscription period.
- You are able to cancel the auto renewal via your account management feature of your platform of use.
- You shall remain responsible and liable for any and all purchases and pre-orders you have made during the subscription period, even if you cancel your subscription.
5.0 TEXT RACING Competitions, FUNDS, FUNDING, WITHDRAWALS
- Section 5 of the Terms and Service delineates the rules regarding competitions, funds, funding and withdrawals associated with Text Racing, a 4th Ave Game.
- Funding Account: To participate in a Text Racing competition an entry fee is required. Entry fees must be paid out of your Text Racing Digital Wallet. Your digital wallet must be linked to the one authorized user associated with your account. At all times the sole account holder must have the correct email address associated with the account and must have the correct name. You must be able to present any documentation requested to verify that you are the person associated with the account and you were authorized to make the deposit into your E wallet.
- Entry Fees: To participate in a Text Racing competition an entry fee must be paid prior to the commencement of such competition. Said fees will be deducted from your Digital Wallet and are non refundable.
- Account Charges: We may change fees at any time by updating the billing and fee chart, which shall be considered a part of the Terms of Service. Any updates may be made without notice or consent of the user. Updates and changes made to fees will take effect immediately.
- Payment Method: All payments must be paid through your digital wallet. Every account must be verified and by making the digital deposit you are verifying that you are the authorized holder of those funds deposited and that you authorize Text Racing to charge you for any unpaid fees or costs associated with your participation. If any information is not correct and errors persist on your account you must update your information immediately and failure to update could result in termination of account and forfeiture of funds.
- Withdrawals: As a participant in any Text Racing Competition you may be awarded funds based on performance. If you request a withdrawal Text Racing may process your request for a reasonable amount of time to verify your account and identity. This verification could take up to sixty (60) days and your account funds will be frozen during the verification period. You must comply with all requests from Text Racing and its affiliates if any information is needed to complete your request and any investigation into fraud or misuse of your account.
- Refunds: Text Racing does not issue refunds.
- Disqualification and Relinquishment of Funds: If you are disqualified from any Text Racing competition for violating any rules set forth in this user agreement your funds may be unilaterally forfeited. If you fail to properly update your personal account information your funds may be unilaterally forfeited. If you fail to verify your age upon request your funds may be unilaterally forfeited. If you fail to verify and confirm your location upon request your funds may be unilaterally forfeited. If you fail to maintain an active email address associated with your account your funds may be forfeited.
- Taxes: As a Text Racing account holder you may receive a cash payout. If you are a US resident, you may receive various tax forms associated with your tax responsibility. Text Racing may send you IRS form 1099-Misc or any other forms related to your tax reporting if your winnings equal or exceed six (6) hundred dollars in a tax year. At no time does Text Racing assume any responsibility for your taxes. Text Racing may withhold funds in your digital Wallet if deemed necessary to protect potential IRS tax liability if deemed necessary in accordance with all applicable laws.
- Employee Participation: Employees may use the Services and/or Software for the purpose of testing the user experience, but may not withdraw money. Text Racing directors, contractors, affiliates, or partners may use the Platform, 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.
- Contest of Skill: You acknowledge and agree that Text Racing Contests provided on this platform are all contests of skill. Each contest requires skill and knowledge to win a competition contest and the winners are determined by he individuals who use their skill and knowledge to accumulate the most points according to the corresponding scoring rules. The Website and Contests may not be used for any form of illicit gambling
6.0 Intellectual Property
- You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to our Services (other than Content which is contributed and owned by Users) is owned by or licensed to us.
- All pages within the Websites and any material made available through Services are the property of 4th Ave and/or its affiliates. The Websites and the Services are protected by federal and international copyright and trademark laws. You must not copy, distribute, make available to the public or create any derivative work from our Services or any part of our Services unless we have first agreed to this in writing. All rights not expressly granted by the Terms of Service are reserved by 4th Ave.
- In particular, and without limiting the application of paragraph 6.2, you must not make available any cheats or technological measures designed to control access to, or elements of, our Services, including providing access to any Virtual Money, Contest Entries, and/or Virtual Goods, whether on a free of charge basis or otherwise.
- The trademarks, trade names, trade dress, logos, and service marks displayed in the Services or any third party platform, including but not limited to ” “WEBSITE,” are the registered and/or unregistered trademarks of 4th Ave. All other trademarks, service marks and logs used in the Services are the trademarks, service marks or logos of their respective owners.
- By submitting Content via our Services you: (a) are representing that you are fully entitled to do so; (b) grant us and our designees a worldwide, non-exclusive, sublicensable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, edit, adapt, modify, host, store, publish, create derivative works of, publicly perform, display, market, advertise and sell your Content and any derivative works we may create from it, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you; (c) acknowledge that you may have what are known as “moral rights” in the Content (for example the right to be named as the creator of your entry and the right not to have work subjected to derogatory treatment), and agree to waive any such moral rights you may have in the Content; and (d) agree that we have no obligation to monitor or protect your rights in any Content that you may submit to us, but you do give us the right to enforce your rights in that Content if we want to, including but not limited to taking legal action (at our cost) on your behalf.
- You must not copy, distribute, make available to the public or create any derivative work from any Content belonging to any other User of our Services.
- Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement: If you believe, in good faith, that materials hosted by us infringe your intellectual property rights, then please contact us at Email and provide the following information:
- a description of the intellectual property rights in reasonably sufficient details and an explanation as to how they have been infringed;
- a description of the infringing material and where the infringing material is located;
- your address, phone number and email address at which we can contact you;
- a statement by you, made under penalty of perjury, that (i) you have a good-faith belief that the disputed use of material in which you own intellectual property rights is not authorized, and (ii) the information that you are providing is accurate, correct, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- a physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.
- Intellectual Property Rights: The content on the Platform, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (the “Intellectual Property”), are owned by or licensed by 4th Ave or its affiliates, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the platform is provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. 4th Ave reserves all rights not expressly granted in and to the Platform and the Intellectual Property. You agree to not engage in the use, copying, or distribution of any of the Intellectual Property other than expressly permitted herein. If you download or print a copy of the Intellectual Property for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Platform or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the Platform or the Intellectual Property therein.
7.0 ELIGILIBILTY, USER CONDUCT AND CONTENT.
You must meet the following criteria to eligible to participate in any 4th Ave Games:
- Any participant must be at least eighteen (18) years of age.
- Any participant on this platform must be legally permitted to participate in the location and jurisdiction in which the participant is located at the immediate time of participation.
- States excluded from participation include the following: Arizona, Hawaii, Idaho, Louisiana, Montana, Nevada and Washington.
- You must be at least eighteen (18) years of age to open an account, participate in contests, or win prizes offered by the Platform.
- You agree to abide by all applicable laws in the jurisdiction where you are located while using the Platform. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing, using and/or playing our Services.
- You represent that all the information you provide to us while accessing and/or using our Services is and shall remain true, accurate and complete at all times.
- Information, data, software, sound, photographs, graphics, video, tags, or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via our Services, including through third party platforms, by you or another user (“Content”). Such Content may be redistributed by us or others through the Services or through third party platforms. You understand and agree that all Content that you may post or transmit when using our Services, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. For clarity, you, not 4th Ave, are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via our Services.
- You agree not to upload, communicate, transmit or otherwise make available any Content (a) that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libelous, obscene or otherwise objectionable; (b) that is or could reasonably be viewed as invasive of another’s privacy; (c) that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred; (d) which you do not have a right to make available lawfully (such as inside information, information which belongs to someone else or confidential information); (e) which infringes any intellectual property rights or other proprietary rights of any third-party; (f) which consists of any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation; or (g) which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- You agree that you will not: (a) use our Services to harm anyone or to cause offence to or harass any person; (b) use another person or entity’s email address in order to sign up to use our Services; (c) use our Services for fraudulent or abusive purposes (including, without limitation, by using our Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Services); (d) disguise, anonymize or hide your IP address or the source of any Content that you may upload; (e) use our Services for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications; (f) remove or amend any proprietary notices or other ownership information from our Services; (g) interfere with or disrupt our Services or servers or networks that provide our Services; (h) attempt to decompile, reverse engineer, disassemble or hack any of our Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us; (i) harvest, scrape or collect any information about or regarding other people that use our Services, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to ‘pixel tags’ cookies, graphics interchange formats (‘gifs’) or similar items that are sometimes also referred to as ‘spyware’ or ‘pcms’ (passive collection mechanisms); (j) sell, transfer or try to sell or transfer an account with us or any part of an account including any Virtual Money or Virtual Goods; (k) disrupt the normal flow of a Service or otherwise act in a manner that is likely to negatively affect other players’ ability to compete fairly when playing our Services, or engaging in real time exchanges; (l) disobey any requirements or regulations of networks connected to our Services; (m) use our Services in violation of any applicable law or regulation; (n) use our Services to cheat or design or assist in cheating (for example, by using automated means or third party software to play), or to otherwise circumvent technological measures designed to control access to, or elements of our Services, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these terms; or (o) use our Services in any other way not permitted by the Terms of Service.
- We do not control Content posted on our Services by other people and therefore we do not guarantee the accuracy, integrity or quality of such Content. You understand that when using our Services, you may be exposed to Content that you may consider offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via our Services.
- We have the right to remove uploaded Content from our Services if we decide in our sole discretion that it results in or from a breach of any part of the Terms of Service, or that it may bring us or our Services into disrepute. However, you acknowledge that we do not actively monitor Content that is contributed by people that play our Services and we make no undertaking to do so.
- You are solely responsible for your interactions with other users of our Services.
8.0 CANCELLATION OR TERMINATION OF ACCOUNT
- These Terms set forth in the Terms of Service apply to you and to us from the date that you accept the terms as provided above, until termination of your Account. 4th Ave may de-active your account, de-activate your username and or de-activate your password at anytime upon termination or investigation into your account. We reserve such right to terminate your access to our services (including by deleting your account) and revoke your limited license granted herein, with or without prior notice to you, at any time for any reason or for no reason. Termination can occur by cancellation by the user or cancellation by 4th Ave. You may terminate these Terms at any time and for any reason by
- Deleting your 4th Ave account;
- Contacting us at Email and requesting that your account be terminated; or
- refraining from using your account for a period of 180 days.
- Upon termination of your Account, you must immediately discontinue use of the Services and the Software. Immediately upon termination of your Account, all license and rights granted to you under these Terms automatically terminate and you shall automatically forfeit the right to use our Services. Your obligation to pay accrued Fees will survive any termination of these Terms. Any and all terms and conditions within these Terms which should, by their nature, survive termination of these Terms, will survive such termination.
- You agree to compensate us for all losses, harm, claims and expenses that may arise from any of your breaches of the Terms of Service.
9.0 DISCLAIMER and release
- Disclaimer or Warranties: THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CONTENT, SOFTWARE, INFORMATION, SERVICES AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICES OR ANY THIRD-PARTY PLATFORM, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, 4TH AVE AND ITS AFFILIATES, MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES. 4TH AVE DOES NOT WARRANT THAT THE SERVICES, ANY OF THE GAMES’ FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, 4TH AVE, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE “COMPANY ENTITIES AND INDIVIDUALS”) ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR INCIDENTAL DAMAGES, ARISING OUR OF OR RELATING IN ANY WAY TO THE SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SERVICES AND/OR ANY WEBSITES, A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION OR OTHERWISE, EVEN IF 4TH AVE, ITS AFFILIATES, OR THIRD PARTY SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY .
4TH AVE DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, 4TH AVE SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SERVICES, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE PLATFORM OR THE CONTENT.
- Statute of Limitations: Any claim or cause of action arising out of or related to use of the Services, including any Services or information available through third party platforms, or the Terms of Service must be filed within 1 year after such claim or cause or action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within such 1 year period, such claim or cause of action are forever barred.
- Member disputes: you are solely responsible for your interactions with other Users of the Services. 4th Ave
- Limitations of Liability: IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE COMPANY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE OR OTHER PROPERTY OWNED OR CONTROLLED BY THE 4TH AVE AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY 4TH AVE WEBSITE OR OTHER PROPERTY OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS (for California Residents).
- You acknowledge that the Websites and Services may not be private or secure, and we may no guarantees whatsoever. You are responsible for taking necessary and appropriate precautions and security measures bested suited for your use of the Services.
11.0 Third-Party Websites.
13.0 Use of Services against opponents.
- Some of our Services allow you to compete with or against another User. You may be able to choose to (i) play against another User whom we select for you, or (ii) play against one of your contacts from a social network (such as Facebook) or other third-party platform that you have allowed our Services to access and interact with. Some of the Services may also allow you to search for your friends (for example, by your friend’s email address). We may also display the display names of your past opponents so that you can easily find them to play again.
- When we select an opponent for you, we may either select at random or use such criteria as we see fit to select your opponent (for example, your past scores or level you have reached in the Service).
- By accessing and/or using our Services which allow you to use against an opponent, you agree to your display name, scores, and other related details being displayed to other Users. You also understand and agree that other Users may find you by searching for you with your email address. Please note that we will only show your display name publicly, and not your email address; another User must know your email address themselves in order to search for you.
- You will be able to connect your third-party platform accounts to our community services in accordance with 4th Ave Policy, as we desire to promote friendship among Users of our Services by allowing Users to interact and transfer information freely with others. Our community services may be interlinked with third-party platforms as you register your third-party platform account as an account for our community services, and therefore, our community services may not be normally provided if you no longer qualify for such third-party platform service or withdraw from such platform. 4th Ave Policy may include rules for managing our community services that govern your activity in connection to our community services, support rights of Users and/or others and enhance sound culture for the community services we provide.
You acknowledge and agree that your communications with other Users via the community services are public and not private communications, and that you have no expectation of privacy concerning your use of the community services. You acknowledge that any personal information that you communicate via the community services may be seen and used by other and may result in unsolicited communications. 4th Ave strongly encourages you not to disclose any personal information about yourself in your communications via the community services. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in submissions or for any results obtained from the use of any such statements or information. Under no circumstances will 4th Ave or its affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on the submissions or on any information or materials obtained through the Websites, Services, or any third-party platform. We have no obligation to monitor the Websites, Services, any third-party platform, or the community services, or any submissions or other materials that you or other third persons or parties transmit or post on the Websites, in the Services, on any third-party platform, or in the community services.
You may not transferor assign any of the rights or licenses granted to you hereunder without prior written consent from 4th Ave. However, we reserve the right to transfer or assign all or part of our rights or responsibilities under the Terms of Service to someone else without obtaining your consent and without any restriction.
15.0 Non-excluded Liabilities.
Notwithstanding the Section 9, nothing in the Terms of Service limits our liability for fraud, willful injury or violation of law, or any other liability which may not by law be excluded.
You agree to indemnify, defend and hold harmless 4th Ave, its officers, directors, affiliates, parents, subsidiaries, partners, employees, consultants, representatives, and agent from and against any and all liabilities, claims, losses, damages, expenses, and costs (including reasonable attorneys’ fees and court costs) that may arise from any breach by you of the Terms of Service, your access to and use of the Services.
17.0 Entire agreement.
The Terms of Service set out the entire agreement between you and us relating to the subject matter herein, and they supersede and replace any and all earlier agreements and understandings between you and us. A person who is not a party to the Terms of Service has no right to rely upon or enforce any part of the Terms of Service.
Our failure or delay to exercise or enforce any of our rights under the Terms of Service does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.
If any part of the Terms of Service is held to be unlawful, void, or unenforceable under any applicable local laws or by an applicable court, that provision shall be
21.0 Governing Law.
The Terms of Service are governed by and construed in accordance with the laws of the State of Pennsylvania without regard to its conflict of law provisions. You and 4th Ave hereby agree that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Terms of Service or the relationship between you and 4th Ave shall be brought exclusively in Allegheny County, Pennsylvania.
22.0 dispute resolution.
If you have any claim arising out of the Terms of Service against us, we strongly encourage you to contact our customer support team to see a resolution. If both parties fail to reach a settlement within 30 calendar days after the first contact occurs, either party may refer such a dispute to Arbitration in Allegheny County, Pennsylvania in accordance with the Arbitration Rules of the American Arbitration Board. Such Arbitration is to be conducted before a single arbitrator whom the parties jointly select. If the parties are unable to agree upon the arbitrator, either party may request that thee American Arbitration Association select the arbitrator.
The provisions of Sections 2.2, 2.3, 2.5, 3, 4, 7, 9, 13 16, 17, 18, 19, 20, and 21, 22, and all representations by you hereunder, will survive any termination of the Terms of Service.
24.0 Questions about the terms of Service:
If you have any questions about the Terms of Service or our Services, you may contact us via our customer center provided within the Services, or at:
Insert WEB Address.