These terms and conditions of use are the entire and only agreement between "Square Media LLC." and users of drivearcade.com. This agreement also governs your use of any games and other content or information (including the Newsletter made available to you by this website through our Internet sites, any sub-site or any successor Internet site(s).
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING drivearcade.com. By using this Site, you signify your assent to these Terms and Conditions of Use, as well as all provisions, disclaimers and disclosures on this Site. If you do not agree to all of these Terms and Conditions of Use, DO NOT USE drivearcade.com. We may revise and update this Agreement at anytime. Your continued use of the Site will mean you accept those changes.
1. Permissible and Prohibited Uses. This Site and the Content are made available to you solely for your personal entertainment. You may not use the Site for anything other than a lawful and legitimate purpose. Examples of prohibited uses of drivearcade.com include, but are not limited to, the following: (a) deceptive and unfair trade practices; (b) placement on Sites of any untrue, malicious, fraudulent, harassing, offensive or defamatory material, or any material that is irrelevant to a legitimate use of the Site; (c) introduction of viruses, worms or other programming routines that are intended to disrupt or interfere with the intended operation of the Site; (d) insertion of links to other sites of whatever character; (e) gambling or the promotion of any other unlawful activity or purpose, including any activity that could give rise to criminal or civil liability; (f) unauthorized alteration of any data or information on Sites: or (g) any activity that infringes on the copyright, patent, trademark or other rights of any person or entity. If you engage in a prohibited use of Sites you may be barred from any future use of drivearcade.com. If you engage in a prohibited use of the Site, You will be liable to us for damages it incurs as a result.
2. Hyperlinks. As you use the Site, you will encounter windows and hyperlinks that take you to web pages or websites of other companies with which we may contract, either to make their content available to you or to enable you to communicate directly with those companies, or from whom publicly available content is available. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any games or other content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such games or other content, goods or services available on or through any such site or resource.
3. Copyright and Other Proprietary Rights. You acknowledge and agree that all right, title and interest in and to the Content contained on the Site or accessible via this Site, including, without limitation, any trade secrets, copyrights, trademarks, patents or other intellectual or proprietary rights in or to the Content, belong to us and its content providers and suppliers, and you will not assert any claims to the contrary. You acknowledge that Content may change at any time, without any obligation on the part of us to notify you of such changes. You may not (i) edit, alter, modify or prepare any derivative works of the Content or any portion thereof, (ii) remove or alter any credits, notices (including, without limitation, copyright, trademark and service mark notices), or logos which are included on the Site, (iii) resell, sublicense or otherwise transfer, distribute or make available to others all or any portion of the Content in any form, (iv) reproduce, upload, post, transmit, download or distribute any part of the Content other than to create a single electronic copy on your computer's hard drive or a single printed copy of portions of the Content for your personal, non-commercial use, (v) store or archive any portion of the Content, or (vi) create a database using the Content. You acknowledge and agree that the Site may contain Content that is provided by third parties. We are a distributor and not a publisher with respect to the Content provided by such third parties, and does not undertake to, and is not responsible for, reviewing or editing any such Content. Any third party games, opinions, advice, statements, services, offers or other information contained in the Content are those of their respective authors and not of us.
4. Assumption of Risk; Disclaimer Of Warranty. You understand and agree that you assume all risks involved with your use of our Sites and the Content. WE PROVIDE THE SITE AND ITS CONTENT ON AN “AS IS" BASIS, AND WE GRANT NO WARRANTIES TO YOU (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) WITH RESPECT TO THE SITE OR THE CONTENT. WE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, OR THAT THE SITE WILL ALWAYS BE AVAILABLE OR ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE AVAILABILITY OF THE SITE OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION UNAVAILABILITY CAUSED BY HEAVY TRAFFIC, TECHNICAL DIFFICULTIES, OR ANY OUTAGE OR OTHER INTERRUPTION IN SERVICE.
5. Limitation of Liability. IN NO EVENT WILL WE BE LIABLE TO (i) ANY USER FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY CONTENT, EVEN IF WEP, Inc OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR TO (ii) ANY PERSON OTHER THAN THE USER. IN ADDITION, WE EXPRESSLY DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF ANY OTHER USERS, INCLUDING UNAUTHORIZED USERS, OF THE SITE. OUR AGGREGATE LIABILITY TO ANY USER OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO U.S. $500. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL DAMAGES OR LIMITATIONS UPON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. Users may also have other rights that vary from state to state.
6. Suspension or Termination of Use of drivearcade.com. Without limiting our other remedies in law or equity, We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your ability to access drivearcade.com if (a) you breach these Terms and Conditions of Use; or (b) We believe, in its sole and absolute discretion, that your actions may cause, result in or carry a risk of legal liability for you, a Site user or Square Media LLC.
7. Indemnity. You agree to indemnify and hold Square Media LLC. and its subsidiaries, affiliates, officers, directors, agents, employees and their successors and assigns harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising from or in connection with your use of the Site, use of Content provided via the Site or breach of these Terms and Conditions of Use.
8. Legal Compliance. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site.
10. Newsletter. This site may publish a monthly electronic mail newsletter (the “Newsletter") that is available to all users of the Site. By submitting your electronic mail address information to this website, you hereby (i) agree that we may send you the Newsletter until such time as you notify us in writing to terminate your subscription to the Newsletter by following the unsubscribe directions available from us and (ii) certify that all information provided by you is true and correct and you will abide by all laws, rules and regulations applicable to your use of the Newsletter and the Site. We may terminate your subscription to the Newsletter at any time, for any reason.
11. General. These Terms and Conditions of Use contain the entire agreement between the user and us regarding the use of the Content and this Site. You agree that these Terms and Conditions of Use take effect on your first use of this Site, and that they apply to all persons accessing the Site from your computer. You agree to regularly review these Terms and Conditions of Use for changes and agree to those changes by continuing to this Site. These Terms and Conditions of Use may only be amended as described above, or by a writing signed by you and an authorized official of WEP, Inc. Unless otherwise explicitly stated, the provisions contained herein will survive termination of your access to and use of the Content and the Site. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to the choice of law provisions thereof. Any dispute or claim arising out of, or in connection with, this Agreement shall be finally settled by binding arbitration in Raleigh, North Carolina, in accordance with N.C. Gen. Stat. § 1-567.1 et seq. (the “Uniform Arbitration Act") and the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator appointed by the American Arbitration Association. The arbitrator shall apply the law of the State of North Carolina, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The parties agree that, any provision of applicable law notwithstanding, they will not request, and the arbitrator shall have no authority to award, punitive or exemplary damages against any party. In the event that any arbitration, action or proceeding is brought in connection with this Agreement, the prevailing party shall be entitled to recover its costs and reasonable attorneys' fees.
If any clause or provision set forth herein is determined to be illegal, invalid or unenforceable under present or future law, then, in that event, you understand and agree that the clause or provision so determined to be illegal, invalid or unenforceable shall be severable without affecting the enforceability of all remaining clauses or provisions. To the fullest extent permitted by applicable law, you waive your right to a jury trial with respect to any action brought under or in connection with these Terms and Conditions of Use.
The headings used in these Terms and Conditions of Use are for convenience only and such headings are not to be used in determining the meaning or interpretation of these Terms and Conditions of Use. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or out of use of the Site must be filed within one (1) year after such claim or cause of action arose. You acknowledge that the provisions, disclosures and disclaimers set forth in these Terms and Conditions of Use are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. Notwithstanding any provisions of these Terms and Conditions of Use, we have available all remedies at law or equity to enforce these Terms and Conditions of Use.