By accessing the website at launchpartygaming.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law. Where applicable under law, these Terms constitute a writing signed by you.
2. Intellectual Property
We respect the intellectual property rights of others and we ask that you do the same. Except for any third-party content used as part of the Launch Party Gaming Site, the data and materials on the Launch Party Gaming Site, including without limitation text, software, graphics, logos, photos, music, videos, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Launch Party Gaming Site (collectively, “Launch Party Gaming Content”) are the intellectual property of Launch Party Gaming. Launch Party Gaming Content is protected by copyright, trademark and other intellectual property laws and all ownership rights remain with us. We reserve all rights in and to Launch Party Gaming Content. Launch Party Gaming Content may not be distributed, downloaded, modified, reused, copied, reproduced, transferred, displayed, reposted, transmitted, disseminated, sold, published, broadcast or circulated or otherwise used without the express written permission of Launch Party Gaming.
Launch Party Gaming reserves the right to take any legal or technical remedies to prevent the violation of the Launch Party Gaming Terms and to protect the Launch Party Gaming Services, Users and the rights and property of Launch Party Gaming and its affiliates.
If you violate these Terms, your permission to use the Launch Party Gaming Services automatically terminates and you must immediately destroy any copies you have made of the Launch Party Gaming Content.
3. User Submissions
You are solely responsible for your conduct, and for any messages, notes, data, text, information, graphics, photos, audio and video clips, advertisements, listings, links and other content, in any form (“User Submissions”) that you submit, upload, publish, post or display on or through the Launch Party Gaming Services. While Launch Party Gaming has the right to monitor activity and content associated with the Launch Party Gaming Services, and may choose to pre-screen User Submissions, we are not obligated to do so. Without limiting the generality of the foregoing, you acknowledge and agree that Launch Party Gaming may use certain automated filters and other tools to block spam and to categorize and arrange User Submissions on the Launch Party Gaming Services. We may, but will have no obligation to, remove or limit access to User Submissions originating from any User we believe in our sole discretion to be unlawful, abusive, harassing, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or that infringes or violates any party’s intellectual property or other proprietary rights or these Terms. Further, under no circumstances does Launch Party Gaming have any obligation to verify the accuracy, timeliness or truthfulness of any User Submissions, nor to monitor any User on the Launch Party Gaming Site. You are responsible at your sole cost and expense for creating backup copies and replacing any User Submissions that you post or store on the Launch Party Gaming Services.
You understand that in using the Launch Party Gaming Services, you may be exposed to User Submissions that you find offensive, indecent and objectionable. You can contact us to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take action that we believe is appropriate, including, but not limited to, issuing warnings, removing the content or terminating User accounts. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will Launch Party Gaming be liable in any way for any User Submissions, including but not limited to errors or omissions in any User Submissions, or for any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to, any User Submissions posted, emailed, transmitted or otherwise made available via the Launch Party Gaming Services.
4. Accuracy of materials
The materials appearing on Launch Party Gaming’s website could include technical, typographical, or photographic errors. Launch Party Gaming does not warrant that any of the materials on its website are accurate, complete or current. Launch Party Gaming may make changes to the materials contained on its website at any time without notice. However, Launch Party Gaming does not make any commitment to update the materials.
Any new feature, tool or information added to or that enhances the Launch Party Gaming Services will automatically become part of the Launch Party Gaming Services and will be subject to these Terms. In using the Launch Party Gaming Services, you acknowledge and agree that the Launch Party Gaming Services may also include third party advertisements and marketing tools. While Launch Party Gaming makes a reasonable effort to provide accurate and useful information to its Users, Launch Party Gaming makes no warranties, representations or guaranties as to the accuracy, completeness of quality of any information on the Launch Party Gaming Site or available through the Launch Party Gaming Services.
5. User Conduct
6. Registration, Passwords and Account Security
7. Modification or Termination
8. Contact for Alleged Copyright Infringement
9. Links to Third Party Websites and Third Party Transactions
IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF: (a) THE LAUNCH PARTY GAMING SERVICES OR YOUR ACCESS, USE OR INABILITY TO USE THE LAUNCH PARTY GAMING SITE; (b) ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE LAUNCH PARTY GAMING SERVICES); (c) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE LAUNCH PARTY GAMING SERVICES, (d) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE LAUNCH PARTY GAMING SERVICES BY ANY THIRD PARTY.
LAUNCH PARTY GAMING RESERVES THE RIGHT TO ALTER, REMOVE OR DISCONTINUE ANY PORTION OF THE LAUNCH PARTY GAMING SERVICES OR THE CONTENT ON THE LAUNCH PARTY GAMING SITE OR TO SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE LAUNCH PARTY GAMING SERVICES IS TO TERMINATE YOUR USER ACCOUNT AND CEASE USE OF THE LAUNCH PARTY GAMING SERVICES AND THE LAUNCH PARTY GAMING SITE.
NOTWITHSTANDING ANY OTHER PROVISION OF THE TERMS, YOU AGREE THAT IN NO EVENT WILL LAUNCH PARTY GAMING’S CUMULATIVE LIABILITY TO YOU FOR ANY ACTION OR CLAIM ARISING FROM OR RELATED TO THE LAUNCH PARTY GAMING SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER THEORY OF LIABILITY, EXCEED $100 US DOLLARS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE RELEASED PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.