1. Acceptance of Terms
In addition, when using the Service, you shall be subject to any posted policies, guidelines or rules applicable thereto. All such policies, guidelines and rules are hereby incorporated by reference into the TOU. You further agree that, except as otherwise expressly provided in these TOU, there shall be no third-party beneficiaries to this agreement.
BY REGISTERING OR ACCESSING, USING OR INSTALLING ANY PART OF THE SERVICE, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THESE TOU. IF YOU DO NOT AGREE TO BE BOUND BY THESE TOU, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE.
2. Age Requirement
3. Description of Service
Amusement Connect makes available a collection of resources to our users as the Service. Users can check gameplay history, check credit/ticket balances, create Content (as defined by Section 4 below), select favorites and edit, rate, comment and read other people's Content.
Unless explicitly stated otherwise, any new features which augment or enhance the Service, including without limitation the release of new Amusement Connect properties, are subject to the then current TOU.
All users must abide by the TOU and may only use this website for purposes expressly permitted by the TOU. You acknowledge that Amusement Connect and our designees may without prior notice: (i) immediately suspend, disable or terminate your Amusement Connect account, any associated username and/or access to the Service, (ii) provide comment on any topic or profile and (iii) pre-screen, refuse, move, edit and/or delete any Content that violates these TOU and/or is otherwise objectionable as determined by Amusement Connect in our sole discretion.
You alone are solely responsible for any activity that takes place on Amusement Connect under your username and password and it is up to you to maintain their confidentiality. You assume all risks associated with loss or misuse of your username and password, theft of same and all charges from use of the Service with your password, and Amusement Connect is not responsible or liable for any loss or damage arising from your failure to comply with the provisions of these terms. If you become aware of any unauthorized use of your username and/or password and/or account, or any other breach of security, it is your responsibility to notify Amusement Connect immediately at .
You understand that you may receive business-related communications from Amusement Connect such as Service announcements and account administrative notices, as well as advertisements, and you agree that these communications are not "unsolicited commercial email advertisements" and thus, subject to all applicable laws, you agree to receive them and you will not be able to opt out of receiving such communications. You understand and agree that your correspondence or business dealings with, or participations in promotions of, advertisers found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. You agree that Amusement Connect shall not be responsible or liable for any loss or damage incurred as the result of such dealings or as the result of the presence of such advertisers on the Service.
You understand that you are responsible for obtaining access to the Service and that access may involve third party fees. You are solely responsible for obtaining such access and paying those fees.
As a user, you will be able to upload and post a great variety of materials and information, including but not limited to text, audio, video, photographs, graphics, information, data, tags and other materials ("Content"). This means that you have sole responsibility, not Amusement Connect, for all of the Content that you upload, post, email, transmit or otherwise make available through the Service, and to make sure that you are in compliance with the rules of behavior set forth herein relating to such Content.
The Content created by you must be owned by you or you must have been granted the prior permission to use such Content by its owner. Amusement Connect does not own any of the Content you post. By placing Content on the Service you are providing Amusement Connect with a worldwide, irrevocable, royalty-free, unlimited, non-exclusive license, for as long as the Content is part of your profile or account, to publicly display, modify, reproduce and distribute your Content, in whole or in part, on the website for editorial and promotional purposes of the website. You agree that Amusement Connect will not be bound to treat any Content as confidential and may use any Content in our business (including without limitation, for products, services, marketing and/or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Amusement Connect operations or businesses.
Unless you make it clear that specific Content you post cannot be copied or used by any other users of the Service, you agree that by posting Content you own on the Service, all other users can reproduce and use such Content in connection with the Service, subject to all applicable laws. Amusement Connect shall have no responsibility for enforcing any rights you may claim in any Content, which shall be your sole responsibility, and you agree to hold harmless, defend and indemnify Amusement Connect with respect to any claim you have that other users are reproducing or using your Content as well as for claims by other users that you are reproducing or using their Content without permission. Amusement Connect will not arbitrate, mediate or resolve any intellectual property or other disputes between users, and has no responsibility for doing the same other than as may be specifically required by law.
Amusement Connect respects the intellectual property of others and we request our users do the same. If you believe that your Content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please contact Amusement Connect as soon as practically possible with the following information:
· an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
· a description of where the material you claim is infringing is located on the website;
· your name, address, telephone number and email address;
· a statement claiming that you have a good faith belief that the disputed use has not been authorized; and
· a statement by you made under penalty of perjury, that the above information is accurate and that you are the copyright or intellectual property holder or are authorized to act on behalf of the holder.
Amusement Connect’s Agent for Notice of claims of copyright infringement on the website is Frank Licausi, who can be reached as follows:
By Mail: 4019 Sterling Ave, Kansas City, MO 64133
By Phone: (816) 866-0145
By Email: firstname.lastname@example.org
5. Rules of Behavior
Amusement Connect’s website may contain forums, bulletin board services, chat areas, message boards, news feeds, news groups, communities, personal webpages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, "Communications Services"). You agree to use the Communication Services only to post, send and receive messages and content that are considered legal, proper and related to the particular Communication Service. Among other actions, when using a Communication Service, you agree that:
• You are solely responsible for your own communications and Content including any data, images, graphics, text, audio, video, email, links and/or screen names you post to the website.
• You must not abuse, defame, harass, stalk, threaten, intimidate or otherwise violate the legal rights of others.
• You must not violate the privacy or publicity rights of others.
• You must not upload, post or link to any material that is inappropriate, defamatory, infringing, obscene, vulgar, libelous, racially or ethnically hateful, offensive, abusive, malicious, objectionable or unlawful (or promote or provide instructional information about illegal activities or communications that could reasonably cause damage, loss, harm or injury to any individual or group).
• You must not post, upload or link to (a) anything that promotes or distributes junk mail, spam, pyramid schemes or chain letters or (b) other disruptive, illegal or immoral communications of any kind.
• You must not post, upload or link to anything that advertises any commercial endeavor (e.g., offering for sale any products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners and/or soliciting goods or services), or solicits funds, advertisers or sponsors for any purpose.
• You must not state or imply that any of your submitted and or posted Content is endorsed by Amusement Connect or any affiliate thereof.
• You must not use, copy or imitate the Amusement Connect name, trademarks, titles, brands, logos or related trade names, including all website page headers, custom graphics, button icons and scripts, which you acknowledge here to be valid, subsisting and enforceable without impediment, and you will not expressly or by implication create the false or misleading impression that Amusement Connect is associated with, or endorses, or is in any way connected with you, your business or your Content.
• You must not upload, copy or post anything that infringes any patent, trademark, copyright, trade secret or other intellectual property or other legal right of a third party without prior written permission from such third party in each instance, which written permission you agree to disclose to us at any time on our request (subject to all applicable laws). You must not intentionally download any material that you know or should reasonably know cannot be distributed legally.
• You must not create user accounts under any false or fraudulent pretenses (including by automated means) or impersonate another person, group of people or entity at any time (which includes not using anyone else's username or password), or otherwise manipulate or forge headers or identifiers to disguise the origin of content.
• You must not transmit any viruses, worms, defects, Trojan Horses or any items and/or computer code, files or programs of a destructive nature and/or otherwise designed to interrupt or limit the functionality of any computer software or hardware or telecommunications device.
• You must not transmit or allow access or distribution of any spiders, robots or other information gathering computer programs or routines or their equivalents on or in the Service.
• You must not modify, edit or delete any Content and communications of the Amusement Connect website and/or of other individuals other than your own Content.
• You must not do anything that disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type or otherwise act in a way which affects the ability of other people to engage in real-time activities through this website.
• You must not interfere with, disrupt or attempt to gain access to other accounts or the Service or servers or networks connected with the Service or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
• You must not post, upload or link to anything that could potentially exploit or harm children by exposing them to inappropriate Content, asking for personally identifiable details or information or otherwise exposing them to materials or information which in any way could cause damage, injury or harm of any kind.
• You must not post, upload or link to anything that harvests or otherwise collects information about other users, including without limitation addresses, phone numbers, e-mail addresses and/or health or financial information of any kind, without the users’ prior express consent in each instance.
• You must not retrieve, store or collect personal information about any user for any unauthorized purpose, and must not retrieve, store or collect personal information about any user for any valid purpose without such user’s prior written consent in each instance (and acknowledgment that they are at least 13 years of age).
• You must not use the Amusement Connect Service for any illegal, immoral or unauthorized purpose.
• You must abide by all applicable federal, state and local laws. If you are outside the United States, you must comply with all local laws as well with respect to your online conduct and acceptable Content including without limitation the exportation of data to the United States or to your country or residence.
• You must not engage in any other activity deemed by Amusement Connect to be in conflict with the spirit or intent of these TOU.
WHILE AMUSEMENT CONNECT EXPLICITLY PROHIBITS THE ABOVE CONDUCT YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT AND THAT YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK, AND THAT AMUSEMENT CONNECT SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT AS CARRIED OUT BY ANY THIRD PARTY AT ANY TIME UNLESS EXPRESSLY SET FORTH TO THE CONTRARY BY AMUSEMENT CONNECT IN WRITING.
YOU UNDERSTAND AND AGREE THAT IF YOU VIOLATE ANY OF THE RULES OF BEHAVIOR AND/OR ANY OF THE GUIDELINES, AMUSEMENT CONNECT CAN DISABLE, SUSPEND OR TERMINATE YOUR USE OF THE SERVICE IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF OR A HEARING. YOU ARE RESPONSIBLE FOR ALL CHARGES INCURRED UP TO THE TIME THE SERVICE IS TERMINATED.
The Service may provide, or third parties including Amusement Connect users may provide, links to other websites or resources which are not maintained by or related to Amusement Connect. Links to such websites are provided as a service to our users and are not sponsored by, endorsed or otherwise affiliated with Amusement Connect. Amusement Connect has no control over these websites and their content, and makes no representations or warranties about the content, completeness, quality or accuracy of the links, materials or information contained on any such website. Therefore, you acknowledge and agree that Amusement Connect is not responsible for the availability of such links, resources and content, and does not endorse, and is not responsible or liable for, any content, advertising, products or other materials made available on or from these linked websites. You also acknowledge and agree that Amusement Connect is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by, or in relation to, the use of any Content, goods or services offered through these links or any failures and/or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third party claims relating to your posting or using such links. YOU AGREE THAT IF AMUSEMENT CONNECT REQUESTS YOU TO DISABLE ANY LINK YOU HAVE POSTED AND YOU FAIL TO DO SO WITHIN 24 HOURS AFTER RECEIVING SUCH REQUEST, AMUSEMENT CONNECT HAS THE RIGHT TO DISABLE THE LINK WITHOUT ANY FURTHER NOTICE TO YOU.
You agree to indemnify, defend and hold Amusement Connect, our subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any and all loss, cost, injury, liability, claims, damages or demand of any kind, including actual attorney's fees and related costs, made by or arising out of your use of the Service in violation of these TOU and/or your violation of any rights of another or any applicable law, rule or regulation.
8. No Resale of Service
You agree not to, without the express prior written consent of Amusement Connect in each instance: reproduce, duplicate, copy, sell, resell or exploit, for any commercial or other purposes, any portion of the Service or content or other information or materials of any kind that you do not own.
9. Modification and Termination of the Service
Amusement Connect reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You acknowledge and agree that Amusement Connect reserves the right to log off accounts and deactivate usernames and accounts that are inactive for an extended period of time. You agree that Amusement Connect will not be liable to you or any third party for the consequences of any modification, suspension or discontinuance of the Service.
Users are subject to the following specific terms in addition to all of the other terms in these TOU:
• You agree to provide true, accurate, current and complete information as required on the Service's Registration Form. If you provide any information that is untrue, incomplete, not current or inaccurate, Amusement Connect has the right to suspend or terminate your account and refuse your current or future use of the Service (or any portion thereof).
• You agree that from time to time the Service may be inaccessible of inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Amusement Connect may undertake from time to time; or (iii) causes beyond the control of Amusement Connect or which are not reasonably foreseeable by Amusement Connect.
• You agree that your account is non-transferable and any rights to your account, password, username and virtual currency or goods terminate upon your death or disability and/or termination of account for any reason.
12. Practices regarding Use and Storage
You acknowledge that Amusement Connect may establish general practices and limits regarding use of the Service including, without limitation, the maximum number of direct messages which may be sent or received from an account of the Service, the maximum size of any direct message that may be sent from or received by an account of the Service, the maximum amount of disk space that will be allotted on Amusement Connect’s servers on your behalf, and the maximum number of times and duration for which you may access the Service in a given time. You agree that Amusement Connect has no responsibility or liability for the deletion or failure to store or transmit any messages or communications or other content maintained or transmitted by the Service.
13. Amusement Connect Proprietary Rights; Trademarks and Copyrights
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is the property of Amusement Connect and our licensors, and is protected by applicable intellectual property and other laws. You are granted a personal, non-exclusive and nontransferable license to use the Software in connection with the Service for your own personal use subject to these TOU. No rights or title to any of the Software used in connection with any Service is provided, transferred or assigned to you. You shall not reverse engineer, decompile, disassemble or distribute the Software or any portion thereof, nor otherwise attempt to create or derive the source code. You further acknowledge and agree that content contained in advertisements or information presented to you through the Service or advertisers is protected by copyright, trademarks, service marks, patent, privacy and/or other proprietary rights and laws. Except as expressly authorized by Amusement Connect or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Software, in whole or in part, at any time. You also acknowledge Amusement Connect’s exclusive rights in the Amusement Connect trademark and service mark. Trademarks, service marks, logos and copyrighted works appearing on Amusement Connect are the property of Amusement Connect or the party that provided such intellectual property to Amusement Connect. Amusement Connect and any party that provides intellectual property to Amusement Connect retain all rights with respect to any of their respective intellectual property appearing on Amusement Connect and no rights in such materials are transferred or assigned to you, in whole or in part, at any time.
14. Disclaimer of Warranties
THE USE OF THE SERVICE IS AT YOUR SOLE RISK. AMUSEMENT CONNECT DOES NOT CONTROL OR MONITOR ALL OF THE CONTENT POSTED VIA THE SERVICE AND, AS SUCH, DOES NOT GUARANTEE THE ACCURACY, INTEGRITY, LEGALITY OR QUALITY OF SUCH CONTENT. AMUSEMENT CONNECT ASSUMES NO RESPONSIBILITY FOR CONTENT POSTED BY YOU OR OTHER USERS OF THE SERVICE AND YOU MAY NOT RELY ON ANY CONTENT CREATED BY OTHER AMUSEMENT CONNECT USERS OR OTHERWISE CREATED, DISTRIBUTED AND DISPLAYED ON ANY PART OF THE SERVICE.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AMUSEMENT CONNECT ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, NON-DELIVERY OR FAILURE TO STORE ANY COMMUNICATION, WRITING, IMAGE OR PERSONALIZATION SETTINGS, AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
AMUSEMENT CONNECT MAKES NO WARRANTY THAT (1) THE SERVICE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT OR SOFTWARE, (2) THE SERVICE WILL MEET YOUR REQUIREMENTS, (3) THE SERVICE AND SOFTWARE WILL BE AVAILABLE AT ALL TIMES, UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE AND/OR ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (4) THE RESULTS OF USING THE SERVICE WILL BE ACCURATE, COMPLETE, LEGAL OR RELIABLE OR (5) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
No advice or information, whether oral or written, obtained by you from Amusement Connect or through or from the Service shall create a warranty not expressly stated in these TOU.
15. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AMUSEMENT CONNECT WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF AMUSEMENT CONNECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY INCLUDING ADVERTISERS ON THE SERVICE, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE, AND/OR ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL AMUSEMENT CONNECT BE LIABLE TO YOU FOR ANY AMOUNT OF MONEY OVER ONE HUNDRED U.S. DOLLARS ($100.00), WHICH YOU ACKNOWLEDGE TO BE A FAIR AND REASONABLE SUM IN THE EVENT OF ANY LOSS BY YOU OF ANY KIND.
16. Disclosures Required by Law
Amusement Connect reserves the right at all times to preserve and store your account information and Content and disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process or governmental request, to enforce any of our contracts or agreements and/or to protect the rights, property or safety of our users and customers, or for purposes of fraud protection and/or any other legitimate legal or business purpose now or hereafter existing. Amusement Connect reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Amusement Connect to disclose the identity of anyone posting any content, or publishing or otherwise making available any materials that are believed to violate the TOU. Amusement Connect will use reasonable efforts to notify you in connection with any such inquiry; provided, however, that the inquiry in question is not confidential, and further provided that Amusement Connect shall have no duty to disclose such information and therefore shall not be liable to you in connection with any non-disclosure.
BY ACCEPTING THESE TOU YOU WAIVE ALL RIGHTS AND AGREE TO HOLD AMUSEMENT CONNECT HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY AMUSEMENT CONNECT DURING OR AS A RESULT OF OUR INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER AMUSEMENT CONNECT OR ANY LAW ENFORCEMENT OR REGULATORY AUTHORITIES.
If there is any dispute about or involving the Amusement Connect and/or the Service, you agree that any dispute shall be governed by the laws of the State of Missouri, without regard to conflict of law provisions. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts of Jackson County, Missouri.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THESE TOU MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
18. Miscellaneous Terms; General Information
The failure of Amusement Connect to exercise or enforce any right or provision of these TOU shall not operate as a waiver of such right or provision. Any waiver of the TOU by Amusement Connect must be in writing and signed by an authorized representative of Amusement Connect to be effective.
If any provision of these TOU is found by a court of competent jurisdiction to be invalid, the parties' intentions as reflected in the provision, and the other provisions of these TOU, shall remain in full force and effect.
The section titles in these TOU are for convenience only and have no legal or contractual effect.
Nothing contained in these TOU shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each is and shall remain independent contractors (to the extent applicable), and therefore, responsible for its own actions.
Notices may be posted to the Amusement Connect website or emailed to you using the email address you submitted during the registration process.
Please immediately report any violations of these TOU to Amusement Connect at .