Please read and review these Terms of Use carefully before accessing or using https://www.gaminggenerations.com, including any subsite accessible through the homepage or from another 3rd party page (the "Site"). By accessing or using this Site, you acknowledge and agree that you have read, understood and agreed to these Terms of Use ("Terms"). If you do not agree to these Terms, you may not access or use the Site. We may update and modify these Terms from time to time. Your continued use of the Site following the posting of any changes to these Terms shall mean that you have accepted those changes. The term "GG" refers to Gaming Generations, Inc. and its subsidiaries and affiliates.
THIS IS AN AGREEMENT
The following are terms of a legal agreement between you and Gaming Generations, Inc. By accessing and/or using the Site, you acknowledge that you have read, and agree to be bound by, the Terms and our Privacy Policy on the Site. Any minor generally utilizing the Site must obtain the consent of a parent or legal guardian, and the use of the Site by a minor is a representation that such consent has been obtained. If you do not agree to these terms, do not use the Site or authorize its use by others.
CONTENT
RESTRICTIONS ON USE OF MATERIALS
All materials contained in this Site are the copyrighted property of GG or its affiliates and licensors, unless otherwise noted. All trademarks, service marks, and trade names are proprietary to GG or its affiliates and licensors, unless otherwise noted. No material from the Site or any other Internet site owned, operated, licensed, or controlled by GG may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our prior written consent, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided that you keep all copyright and other proprietary notices intact; you make no modifications to the materials; you do not use the materials in any manner suggesting an association with any of our products, services, or brands; you do not download quantities of materials to a database for any reason.
INTELLECTUAL PROPERTY
All content on the Site, including articles, artwork, screen shots, graphics, logos, digital downloads and other files, is the property of GG or its affiliates or licensors, unless otherwise noted, and is protected by United States and international copyrights, trademarks and other intellectual property laws. Trademarks and copyrights for third-party games and characters are owned by the companies which market or license those products. All content on this site, including articles, artwork, screen shots, graphics, logos digital downloads and other files, may not be used on any other website, in any publications, in public performances, in connection with any product or service that is not GG's, in any manner that is likely to cause confusion among customers, in any manner that disparages or discredits GG, or in any manner that is otherwise exploitative for any commercial purpose or that otherwise infringes GG's intellectual property rights. GG does not grant permission to individuals to use any content from this Site except as otherwise provided herein. Because we receive thousands of such requests, our policy is to decline use of our trademarks and copyrights. You acknowledge and accept that you have no property or other rights in any content on the Site.
If you believe that some portion of this Site infringes your copyright and you wish to file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
iv. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
v. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We accept notifications by email at scott@lacrosselaw.com, or by postal mail at the following address:
Attn: General Counsel
Gaming Generations, Inc.
201 Main Street, Suite 1000
La Crosse, WI 54601
PAYMENT
Payments will be facilitated through our PCI compliant payment processor, Paypal. For any additional inquiries regarding user financial information and payments, please refer to the Privacy Policy of this Site and the Terms of Use and Privacy Policy of Paypal. GG does not receive, store or share any user financial information. We reserve the right to change our payment options at any time and for any reason. When you provide bank card information, account numbers, or other information necessary to facilitate payment to us or our vendors through Paypal, you represent us that you are the authorized user of the bank card that is used to pay for the products and services to. In the event legal action is necessary to collect on balances due, you agree to reimburse us and our vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the Sites. Credits or refunds will be made to the same method of payment and account used to place the order.
Returns/Refunds
Inability to attend all or a portion of U.S. Nationals does not entitle you to a refund. Likewise, physical goods purchased in conjunction with registration must be picked up in-person from the registration desk at U.S. Nationals during registration desk operating hours. Notwithstanding any statutory rights you may have under law. Products may not be returned. Physical goods will not be shipped. Please contact Gaming Generations customer support at support@gaminggenerations.com if you have an issue with your online payment or registration.
Purchase Restrictions and Quantity Limits
You may only purchase products/services for personal use by either yourself or your intended recipient of the products/services. We may place a limit on the quantities that may be purchased per order, per account, per credit card, per person, or per household. We reserve the right, without prior notice, to refuse service to any customer or reject any order at any time and refund any money you have paid for such order for reasons including, but not limited to, your payment cannot be processed, the products/services you ordered are not available, or for errors made in connection with your order.
Order Process; Errors
The Site, in conjunction with our third party payment processor, Paypal, will facilitate allowing you the opportunity to review and confirm your order payment method, and order details. You will be sent a notice when your order is accepted and acceptance will be complete at the time we send the notice. The risk of loss in any goods you purchase passes to you when pick up the products/event credentials.
We reserve the right to refuse or cancel any order prior to the event. For example, if there are obvious errors on the Site or made in connection with your order, inaccuracies in product or pricing information or product availability, we reserve the right to correct the error and charge you the correct price or cancel your order. We also may require verification of information prior to the acceptance of any order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order.
LINKING
GG does not allow or condone links to its website, pages, materials, or information without prior inspection, evaluation, and written consent by GG. Neither GG nor any of its affiliates or their respective agents, directors, employees, information providers, licensors, licensees, officers and/or affiliates is responsible for maintaining any materials referenced from another site, and makes no warranties for that site or this Site in such context. GG is not responsible for content on a site operated by a third party, including content on a site operated by a distributor who links to this Site with GG's consent.
USER'S OBLIGATIONS
In connection with the use of the Site you shall comply with all applicable laws and legal obligations, including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement. The materials and information available on the Site may include intellectual property that is protected under the copyright, trademark and other intellectual property laws of the United States and/or other countries. Such intellectual property laws generally prohibit the unauthorized reproduction, distribution or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings and other protected materials. The violation of applicable intellectual property laws may give rise to civil and/or criminal prosecution and penalties.
SUBMISSIONS
If you send any communications or materials to the Site that is not otherwise protected by another provision within this Agreement or our Privacy Policy, whether by electronic mail or otherwise, including any comments, data, questions, suggestions or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any claims that the use of any such material violates any of your rights, including moral rights, privacy rights, proprietary rights, publicity rights, rights to credit for material or ideas or any other right, including the right to approve the way GG uses such material.
By submitting information to the Site, you grant GG and its successors and assigns a perpetual, royalty-free, worldwide license to use, transmit, copy and display such information in any and all media now known or hereinafter devised and represent that you have all necessary rights in such posting. No consideration or compensation need be made for any materials or information (including but not restricted to creative, financial, business, commercial, etc.) submitted in any manner.
Responsibility for User's Material
You are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening, or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. GG may change, edit, or remove any user material or conversations that are illegal, indecent, obscene, or offensive, or that violate GG's policies in any way. GG will fully cooperate with any law enforcement authorities or court order requesting or directing GG to disclose the identity of anyone posting such materials.
Transmitted Material
Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others, unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in code). Sending a message to GG does not cause GG or any of its affiliates or their respective agents, directors, employees, information providers, licensors, licensees, officers and/or affiliates to have any special responsibility to you.
Privacy Policy
Pursuant to the privacy policy for this Site, we may disclose to third parties certain information contained in the data you supply when registering for this Site and other data. Our Privacy Policy does not apply to information that is not personal information. You agree to and accept our Privacy Policy. For more information, please see our Privacy Policy on the Site.
A Special Note Concerning Privacy and Children Online
Parents may want their children to access this Site. They can create an account online using the ordinary process, with your permission solicited and with your guarantee that they will apply with this Agreement. GG believes that parents should supervise their children's online activities as diligently as they do their "real world" activities.
Registration; Suspension of Account
If you elect to register to use this Site you agree to: (1) provide true, accurate, current and complete information about yourself as prompted by this Site's registration form (such information being the "Registration Data"), and (2) maintain and promptly update the Registration Data to keep it accurate. GG has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof) if you provide any information that is untrue, inaccurate, or incomplete, or if GG suspects in its sole discretion that it has grounds to believe that such is the case, or if GG determines in it sole discretion that such suspension or termination is in the best interests of supporting a fair, wholesome and safe environment for GG Organized Play and other GG Organized Play participants.
Indemnification
You agree to indemnify, defend, and hold GG and its affiliates and their respective agents, directors, employees, information providers, licensors, licensees, officers and/or affiliates (collectively, "Indemnified Parties"), harmless from and against any and all liability and costs (including, without limitation, attorneys' fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or a minor whose obligation you have guaranteed of these Terms of Use or the foregoing representations, warranties, and covenants. You will cooperate as fully as reasonably required in the defense of any claim. GG 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 matter without the written consent of GG.
General Provisions
These Terms of Use and any additional terms posted on this Site together constitute the entire agreement between GG and you with respect to your use of this Site. Any cause of action you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises. Any suit must be preceded by mandatory mediation before a mediator selected by GG before the suit may be filed. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this agreement, and the remainder of these Terms of Use shall continue in full force and effect. These Terms of Use will be governed by and construed in accordance with the laws of the State of Minnesota, excluding its conflict of laws provisions, as applied to agreements executed by Minnesota residents and performed solely within the State of Minnesota, and you submit to personal jurisdiction in Minnesota. The parties irrevocably agree that the state and federal courts located in the State of Minnesota, U.S.A. shall have exclusive jurisdiction in respect of any dispute which may arise out of or in connection with these Terms of Use in respect of any claim in respect of any claim brought against GG by you and shall have non-exclusive jurisdiction in respect of any claim brought against you by GG. You submit to personal jurisdiction in Minnesota and agree to accept service of process by mail in the state in which your office is located as specified by you to GG. THE PARTIES HEREBY WAIVE TRIAL BY JURY. You agree that this provision shall survive termination or expiration of this Agreement.
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