Terms and Conditions

 

Effective Date: November 30, 2022

Last Reviewed: November 30, 2022

Playlabs, LLC Terms of Use

Introduction and Acceptance of Terms

These terms of use are entered into by and between You and playlabs®, LLC (“playlabs,” “Company,” “we,” or “us“). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of our website located at https://playlabs.gg/, including any content, functionality, and services offered on or through https://playlabs.gg/ (the “Website“) and our gaming platforms and locations (“Products“) (together, the Website and Products referred to as the “Services“).

If you are at least 18 years old:

Please read the Terms of Use carefully before you start to use the Services. By clicking to accept or agree to the Terms of Use when this option is made available to you, you represent that you are at least 18 years old and that you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://playlabs.gg/privacy-policy/. If you disagree with these Terms of Use or any part of these Terms of Use, you must not use any of our Services.

If you are under 18 years old:

Your parent or guardian must review and agree to both these Terms of Use and our Privacy Policy, found at https://playlabs.gg/privacy-policy/. If you are under 18 years old and your parent or guardian has not agreed to these Terms of Use and our Privacy Policy, you must not use any of our Services.

If you are the parent or guardian of a minor who creates an account with us, you and the minor accept and agree to be bound by these Terms of Use, and you are responsible for all use of the account and compliance with these Terms of Use by the minor. Please be aware that playlabs® offers group social activity centers and does not receive children for caretaking purposes.

By using the Services and agreeing to these Terms of Use, you – or, if you are under 18, your parent/guardian – agree to playlabs®’ conditions below and playlabs®’ data processing practices discussed in the Privacy Policy. If you do not agree with any of these Terms of use, please do not use our Services.

Please be aware that playlabs® provides a gaming platform for you to experience gaming products that are owned and operated by various third parties – not playlabs®. These third parties have their own Terms of Use, Terms of Service, or other governing terms applicable to their games and services. Please review and understand those third parties’ applicable Terms of Service and other governing terms before playing – it is your responsibility to be aware of those third parties’ requirements, in addition to ours, when you choose to interact with their games or other services.

The Short Version:

To use our Services, you are required to know and respect our Terms of Participation, including our ID requirements and our prohibition of weapons, profanity, and impairment. Our Code of Conduct prohibits certain behaviors to make or Services safe for everyone, and it makes clear that we can take certain actions like search your bags and rebalance teams. We are committed to safety: our Safety and Security Statement supplements our Code of Conduct specifically for your safety. For instance, everyone who enters our premises must be registered, and no weapons or illegal substances of any kind are allowed. Please note that you have a role in keeping your account accessible and secure. For example, you must keep your account information confidential. We have the right to disable your account at any time, for any reason or no reason. Additionally, if you post content or materials on any forum through the Services, you are responsible for the content of your post, and your user contributions must comply with these Terms of Use, including our Content Standards – for example, they can’t be defamatory, obscene, deceptive, or violative of others’ rights.

The following additional summaries link to our full policy terms. Please make sure that you understand the full policy terms, including our right to compel arbitration of disputes between us, before proceeding. We reserve the right to enforce all of these Terms of Use, set forth in their entirety below – including suspending or terminating your account if you violate them.

• Intellectual Property Rights: We protect our intellectual property: these terms clarify the extent to which you can use materials relating to our Services.
• Trademarks: Trademarks are a type of intellectual property, and you are permitted to use our marks (like the word “PLAYLABS”) and associated logos only with our permission.
• Prohibited Uses: All of our Services are subject to certain restrictions, listed here. For example, you must use our Services consistent with applicable laws and cannot use them to exploit or harm others, including minors, to impersonate others, or for marketing purposes.
• Monitoring and Enforcement; Termination: Although we can’t review every post before it goes live, we do retain certain rights regarding your posts, including the right to remove, or refuse to post, your contributions for any reason or no reason, to disclose your identity to third parties who claim that your posted material violates their rights (subject to applicable law), or to take other appropriate legal action.
• Copyright Infringement: You should contact us if you believe that a user’s post violates one of your copyrights.
• Reliance on Information Posted: Content accessed through our Services may include content provided by third parties, including other users. The statements and opinions of those third parties are theirs, not those of High Score, and we are not responsible for or liable on account of such content.
• Linking to the Website and Social Media Features: Linking to our Website, including through social media, must be done responsibly and in a proper way. All such activity must comply with these Terms of Use, including the Content Standards.
• Links from the Website: Links that we provide to third parties are for your convenience. We have no control over those third parties, and access to third-party resources is at your own risk.
• Geographic Restrictions: playlabs is based in Michigan and our Services are intended for use in North America only.
• Disclaimer of Warranties: To the fullest extent permitted by law, playlabs® disclaims all warranties or any kind. Your use of our Services are at your own risk, and all Services are provided on an “as is” and “as available” basis. We disclaim all liability for any loss relating to technologically harmful material.
• Limitation on Liability: To the fullest extent permitted by law, playlabs®’ collective liability – including, but not limited to, that of its subsidiaries, affiliates, service providers, employees, agents, officers, and directors – will not exceed the amount that you paid playlabs® for the Service we provided.
• Indemnification: You agree to defend and indemnify playlabs® – including, but not limited to, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents – from any claims, liabilities, or other losses playlabs® incurs relating to your violation of these Terms of Use.
• Reasonableness: By using our Services, you agree that these Terms and Conditions are reasonable.
• Children and Parental Consent: You acknowledge that children under 10 are not permitted in playlabs® facilities, and children between 10 and 12 years old must be accompanied by a parent or legal guardian. Playlabs® is neither a child care organization nor child care center, and it does not receive children for caretaking purposes.
• Other Parties: You agree that you will not personally sue playlabs® officers or employees in connection with the Services, and that the disclaimers and limitations of warranties and liability in these Terms of Use protect playlabs®’ officers, employees, and agents, among others.
• Arbitration: playlabs® has the right, but not the obligation, to require any dispute arising under these Terms of Use to be resolved through arbitration, applying Michigan law, rather than in a court of law.
• Limitation on Time to File Claims: You must initiate any claim or cause of action you have against playlabs® under these Terms of Use within 1 year of when it accrued, or you will be contractually barred from pursuing it.
• Waiver and Severability: If playlabs® waives any of these terms, it does not mean that playlabs® will continue to do so or that playlabs® waives any other terms. If a decisionmaker finds that any of these terms are unenforceable, those specific terms will be considered deleted but the others will remain in effect.
• Breaches of these Terms of Use: If you breach these Terms of Use, playlabs® has the right to take action as we see appropriate, including, but not limited to, prohibiting you from accessing the Services.
• Assignment: playlabs® can transfer its rights and/or obligations under these Terms of Use without notice to you or your consent. You cannot transfer your rights or obligations under these Terms of Use.
• Entire Agreement: These Terms of Use and our Privacy Policy are the entire agreement between you and us.
• Law and Jurisdiction: Michigan law governs these Terms of Use. Unless we opt to resolve a dispute through arbitration, disputes will be resolved in Michigan state and federal courts.
• Changes to the Terms of Use: These Terms of Use are subject to change. We will notify you of any material updates. Your agreement to any updates is required to continue using our Services.
• playlabs® Contact Information: Our contact information: please reach out to us at game@playlabs.gg with questions.

OUR FULL TERMS OF USE:

Terms of Participation

At playlabs®, we believe that video games are one of the greatest forms of entertainment and they can bring people together. Our goal, as always, is to create a space where people can come and play games they love and enjoy. The safety of the gaming community, our employees/agents, and all that attend playlabs® is of the utmost importance.

As such, we need you to know:

• The obvious stuff: playlabs® reserves the right to refuse service to anyone for any reason. Surveillance cameras are in use throughout this facility.
• Identification: Everyone must have a valid form of picture identification (drivers license or state ID) to enter the facility.
• Registration: All guests will need to register with the check-in team. We promise to make it quick and simple. Any adult with minors will need to provide their names as well.
• Profanity: We know gaming is fun and exciting and sometimes you let it slip. But we are a community-driven venue and often it isn’t acceptable. Not only that, we have active live streams running often. So please, try to be courteous.
• Impairment: We want you to have a good time. Just not TOO good of a time. If we feel you have overdone it, we’ll ask you to leave and/or call you a ride. If you arrive impaired, you won’t be allowed to enter the facility.
• Weapons: We don’t permit any weapons in or around our premises. None of any kind. This includes any item that may look like a weapon – save that stuff for the awesome cosplay outfit you’re working on.
• Listen: The playlabs® team is the final word. Failing to follow their instructions will result in your immediate removal and your registration will be flagged. You may be banned from our facilities permanently.
• Backpacks: Sorry. We just can’t take the chance and, you don’t want us snooping through your stuff. Please leave them at home or in your car.
• Food and beverage: No outside food or beverage is allowed in the facility unless previously approved by management. We may allow you to bring your own alcoholic beverages, but you must ask us first. Of course, underage drinking is strictly prohibited.
• Searches: Sometimes (at management’s discretion) we’ll need to perform a search of your purse, bag, fight stick, or you. We’ll be gentle, but if you don’t allow it you will have to leave.
• Lost stuff: We’ll do our best to hang on to things left behind. But, just like the dry cleaner, we can’t keep it forever. As such, playlabs® is not responsible for lost items of any kind.
• Other illegal stuff: Don’t bring any drugs, stolen items, paraphernalia, or anything that may be considered contraband into our facility. If we suspect it, we’ll search. If we find it, we’ll notify the authorities. Don’t be that person.

Code of Conduct

playlabs® is committed to providing a safe, comfortable and enjoyable entertainment experience for our guests. To achieve this goal, we ask that our guests conduct themselves respectfully and in accordance with the terms of this Code of Conduct.

For the enjoyment and safety of all, the following behaviors are prohibited:

• Failing to follow the instructions of, or verbally or physically harassing, playlabs® employees;
• Carrying, displaying or using any real or simulated weapons of any kind (including toy guns or other weapons);
• Loitering or behaving in a way that is: (i) unruly, disruptive, disrespectful or harmful; (ii) in violation of any laws or regulations;
• Using abusive language or obscene gestures;
• Smoking anywhere within playlabs® premises or outside playlabs® premises, as may be prohibited by applicable municipal by-laws. This includes the use of electronic cigarettes and vaporizers;
• Impairment related to drug or alcohol consumption;
• Possessing or consuming alcohol by a minor on playlabs® premises, or in contravention of playlabs®’ alcohol policies or contrary to applicable laws;
• Damaging playlabs® property or premises (including surrounding property or premises such as the parking areas); and
• Failing to check in at the front desk upon arrival.
• Misrepresenting or otherwise failing to represent your skill. If you sandbag on your skill, we may remove you from the program and provide a credit to be used for a qualifying program.

Please ensure you have all your belongings before leaving the premises. playlabs® is not responsible for lost or stolen items. Outside food or (non-alcoholic) drink are prohibited. Guests will be required to wear appropriate clothing and footwear for their own safety. Any apparel that displays offensive or profane materials, or is intended to disguise a guest’s identity, is prohibited.

playlabs® reserves the right to inspect guests’ parcels, backpacks and bags. Violation of this Code of Conduct may result in removal from, or refusal of admission to, playlabs® premises, without a refund or other compensation. playlabs® may also pursue any remedies available to it upon violation of this Code of Conduct.

Please note that playlabs® reserves the right, in its sole discretion and authority, to rebalance teams. Failure to recognize playlabs®’ right to do so is grounds for removal or a ban.

PLAYLABS® IS COMMITTED TO PASSIONATELY DELIVERING AN EXCEPTIONAL ENTERTAINMENT EXPERIENCE AND THANKS ITS GUESTS IN ADVANCE FOR COMPLYING WITH THIS CODE OF CONDUCT.

Failure to abide by the Code of Conduct, or these Terms and Conditions generally, will result in a warning, removal, or ban depending on the offense.

Safety and Security Statement

At playlabs®, our goal is to create a space where people can come and play games they love with people they love. An important part of enjoying gaming is feeling safe and comfortable. That is why we are implementing the following precautions. The safety of the gaming community, our employees/agents, and all that attend playlabs® is paramount to the enjoyment of the medium we all love.

1. We reserve the right to refuse service to anyone for any reason.

2. Anyone entering the premises must be registered in our system.

• Registration is quick and simple, it just requires:
  Name
  Date of Birth
  Email
  Phone
  Agree to Liability Waiver and Guest Code of Conduct
• Check in upon arrival.
  Each time you attend playlabs®, you must show ID and an employee will log you in.

3. No weapons of any kind are allowed on playlabs®’ premises.
No illegal substances of any kind are allowed in on playlabs®’ premises.

4. All guests are subject to search.

• We recommend that you leave unnecessary items outside the venue. If you need to bring in an item that may be subject to search, we may ask that you leave the item behind our welcome counter.
• playlabs® may exercise the right to search any and all attendees for contraband of any kind. Searches are at the discretion of playlabs® staff or agents and may include:
  Backpacks/Bags/Purses
  Coats/Jackets/Pockets
• If a guest refuses to be searched they will be asked to leave the facility or event immediately. If a search uncovers a weapon or illegal substance, it will be confiscated, and authorities will be contacted immediately.
• Refusal to be searched or to leave upon request will result in immediate contact of the authorities and/or physical removal by playlabs® staff or agents.
• Failure to comply with any of the above will result in immediate removal and, in playlabs®’ sole discretion, a ban from playlabs® events.

In addition to the above procedures, we ask the community and our guests to play an active role in the safety of your fellow citizens and gamers. If you see something, whether on playlabs® premises or in general, that you deem inappropriate, dangerous, or against the Guest Code of Conduct – or any of these Terms of Use – please notify playlabs® staff immediately.

Accessing the Website, Services, and Account Security

We reserve the right to withdraw or amend the Website, and any Product or other Service we provide, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, to users, including registered users.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Website, our Products, or other Services.
• Ensuring that all persons who access the Website or our Products through your internet connection are aware of these Terms of Use and comply with them.

To access our Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide is correct, current, and complete. You agree that all information you provide to register with our Services is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

Our Services and the entirety of the related contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by applicable United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website or otherwise associated with our Services, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

Among the other things that You must not do are:

• Modify copies of any materials from the Website or Products.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
• Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: game@playlabs.gg.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will stop immediately and you must destroy, or at our option return, any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, “playlabs”, “PLAYLABS”, and all related names, logos, product and service names, designs, emblems, and slogans are trademarks of the Company (or its affiliates or licensors, as applicable). You must not use such names and marks without the prior written permission of the Company. All other names, logos, product and service names, designs, emblems, and slogans or the like on the Website, Products, or otherwise associated with our Services are the trademarks of their respective owners.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services, or expose them to liability.

Additionally, you agree not to:

• Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
• Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
• Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Services.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, any server(s) on which the Services are stored, or any server, computer, or database connected to the Services.
• Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Services.

User Contributions

Our Website or Products, or other activities related to our Services may offer the opportunity to use product review forms, message boards, forums, or other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on, through, or regarding the Services.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post associated with the Services will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Monitoring and Enforcement; Termination

We have the right, in each case subject to applicable law, to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
• Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please contact us at game@playlabs.gg. It is the policy of the Company to terminate the user accounts of repeat infringers.

Reliance on Information Posted

Our Services may include content provided by third parties, including materials provided by other users. All statements and/or opinions expressed in these materials, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Linking to the Website and Social Media Features

You may link to the homepage of our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website, and certain of our Products and Services, may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content.
• Send emails or other communications with certain content, or links to certain content.
• Cause limited portions of content to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Website, or other aspects of our Services or portions thereof, to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Website other than the homepage.
• Otherwise take any action with respect to the materials on the Website, the Products, or associated with our Services that is inconsistent with any other provision of these Terms of Use.

Additionally, any website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website, Products, or other materials associated with our Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website and the Services – playlabs – is based in the State of Michigan in the United States. We provide the Services for use only by persons located in North America (U.S., Canada, Mexico). We make no claims that our Services are accessible or appropriate outside of North America. Access to the Website or Services may not be legal by certain persons or in certain countries. If you access the Website or Services from outside North America, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ALL SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ALL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER(S) THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE SERVICE OUT OF WHICH LIABILITY AROSE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, your User Contributions and any use of the Services’ content other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Services.

Reasonableness

By using our Services, you agree that the exclusions and limitations of liability set out in these Terms of Use are reasonable.

If you do not think these Terms of Use are reasonable, you must not use our Services.

Children and Parental Consent

You understand and accept that children who are between the ages of 10 and 12 (inclusive) must be signed into playlabs facilities by a parent or legal guardian and must not be left unattended by their parent or guardian at any time. Children under the age of 10 are not permitted in playlabs® facilities.

You acknowledge that children under 18 years of age may participate in playlabs® programming and events, subject to written parental consent. Playlabs® is neither a child care organization nor child care center, and it does not receive children for caretaking purposes (i.e., for care, maintenance, training, and supervision). Playlabs® has no duty to supervise minor participants.

Other Parties

You accept that, as a limited liability entity, playlabs® has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against playlabs®’ officers or employees in respect of any losses you suffer in connection with the Services.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in these Terms of Use will protect playlabs®’ officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as playlabs®.

Arbitration

At playlabs®’ sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of our Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association, applying Michigan law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Breaches of these Terms of Use

Without prejudice to playlabs®’ other rights under these Terms of Use, if you breach these Terms of Use in any way, playlabs® may take such action as playlabs® deems appropriate to deal with the breach, including suspending your access to the Services, prohibiting you from accessing the Services, blocking computers using your IP address from accessing the Services, contacting your internet service provider to request that they block your access to the Services and/or bringing court proceedings against you.

Assignment

playlabs® may transfer, sub-contract or otherwise deal with playlabs®’ rights and/or obligations under these Terms of Use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms of Use.

Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and High Score Lounge, LLC regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Photo, Video, Content Notice

When you attend a playlabs® event or visit our premises, you enter an area where photography, audio, and video recording may occur. By entering the premises, you consent to interview(s), photography, audio recording, video recording and its/their release, publication, exhibition, or reproduction to be used for news, web casts, promotional purposes, telecasts, advertising, inclusion on websites, or any other purpose by playlabs® and its affiliates and representatives. You release playlabs®, its officers and employees, and each and all persons involved from any liability connected with the taking, recording, digitizing, or publication of interviews, photographs, computer images, video and/or or sound recordings. You waive all rights you may have to any claims for payment or royalties in connection with any exhibition, streaming, web casting, televising, or other publication of these materials, regardless of the purpose or sponsoring of such exhibiting, broadcasting, web casting, or other publication irrespective of whether a fee for admission or sponsorship is charged. You also waive any right to inspect or approve any photo, video, or audio recording taken by playlabs® or the person or entity designated to do so by playlabs®. By entering the event premises, you consent to the presence of Mature Content. Video Game titles rated M (Mature) have content that may be suitable for persons ages 17 and older. Titles in this category may contain intense violence, blood and gore, sexual content and/or strong language. You have been fully informed of your consent, waiver of liability, and release before entering the event or premises.

Law and Jurisdiction

These Terms of Use will be governed by and construed in accordance with Michigan law, and, subject only to the Company’s right to require Arbitration as set forth above, any disputes relating to these Terms of Use will be subject to the exclusive jurisdiction of the state and federal courts located in the State of Michigan.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter.

Upon a material change to these Terms of Use, we will notify you and seek your continued agreement to these Terms of Use. Your continued use of our Services requires that you accept and agree to the changes. You are expected to be familiar with these terms and any changes of which we notify you, as they are binding on you.

playlabs Contact Information

The full name of playlabs® is playlabs®, LLC, a registered Michigan limited liability company.
playlabs®’ registered address is 374 Hilton Rd., Ferndale, MI 48220.

You can contact playlabs® by email at game@playlabs.gg, or by phone at 248.468.8000.