This playbargames.com Terms of Use Agreement (this "Agreement") is a legal agreement between you and playbargames.com and its subsidiaries ("playbargames.com", "playbargames.com, LLC" , "we", "us" or "our") providing, among other things, the terms and conditions for your use of the playbargames.com database points system and content services (collectively, the "playbargames.com Services"), including but not limited to delivery via our Web site [http://www.playbargames.com] OR [http://points.playbargames.com] (the "Site"), a mobile device, or otherwise. We may from time to time modify these terms of use and will post a copy of the amended Agreement at http://www.playbargames.com/legal/terms.txt. If you do not agree to, or cannot comply with, the Agreement as amended, you must stop using the playbargames.com Services or, if applicable, cancel your playbargames.com subscription. You will be deemed to have accepted the Agreement as amended if you continue to use any of the playbargames.com Services after any amendments are posted on the Site. You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with playbargames.com, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services. Before you continue, you should print off or save a local copy of the these Terms for your records PARENTAL ADVISORY. IF YOU ARE UNDER THE AGE OF 18, PLEASE REVIEW THESE TERMS OF USE WITH YOUR PARENTS. THE playbargames.com SERVICES ARE NOT DESIGNED FOR USE BY CHILDREN UNDER THE AGE OF 18 AND WE DO NOT INTENTIONALLY COLLECT PERSONAL INFORMATION FROM CHILDREN ON OUR SITE. BECAUSE THE playbargames.com SERVICES MAY PROVIDE ACCESS TO INFORMATION OR OTHER CONTENT THAT CONTAINS EXPLICIT CONTENT INCLUDING STRONG LANGUAGE OR DEPICTIONS OF VIOLENCE, SEX OR SUBSTANCE ABUSE, PARENTAL DISCRETION IS ADVISED FOR ALL PERSONS UNDER THE AGE OF 18. THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY USING OR SUBSCRIBING TO THE playbargames.com SERVICES, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IN ORDER FOR YOU TO HAVE ACCESS TO THE playbargames.com SERVICES, THIS AGREEMENT MUST BE ACCEPTED BY YOU WITHOUT ANY MODIFICATIONS, ADDITIONS, OR DELETIONS. IF YOU DO NOT AGREE TO THE TERMS OF USE CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE playbargames.com SERVICES. YOU MAY BE DENIED ACCESS TO THE playbargames.com SERVICES, WITH OR WITHOUT PRIOR NOTICE TO YOU, FOR NONCOMPLIANCE WITH ANY PROVISION OF THIS AGREEMENT. 1. AUTHORIZED USERS 1.1 Residence; Age Requirement; Authority. In order to use any of the playbargames.com Services, you must be a resident of a country in which playbargames.com is legally authorized to operate the playbargames.com Services and be at least 18 years of age. You represent that (i) you have read and understood, and that you agree to be bound by, this Agreement, and (ii) you are at least 18 years old. If you do not agree to, or cannot comply with, any of the terms and conditions of this Agreement, please do not check the acceptance box and do not attempt to access any of the playbargames.com Services. NOTWITHSTANDING ANY DESCRIPTIONS OR REPRESENTATIONS ON THE playbargames.com SERVICES, NOT ALL FEATURES OF THE playbargames.com SERVICES MAY BE AVAILABLE IN YOUR COUNTRY. 1.2 Registration. To use any aspect of the playbargames.com Services, you may be required to register and provide certain information, including a member or user name, a password and a valid email address (the "Account Information"). You agree to provide accurate Account Information and to update your Account Information as necessary to keep it accurate. playbargames.com will use your Account Information in accordance with its privacy policy. By providing playbargames.com your email address, you consent to our using the email address to send you Service-related notices, including among other things notices required by law, in lieu of postal mail. You may not opt out of Service-related e-mails. We may also use your email address, or for subscribers to mobile Services, your mobile telephone number, to send you other messages, including information about playbargames.com and special offers. You may opt out of such email by changing your account settings or by sending an email to Support. You may opt out of mobile text messages by sending an email to Support. You may also opt out of mobile text messages and/or non-Service-related emails by sending mail to the following postal address: Customer Support support@playbargames.com Opting out may prevent you from receiving messages regarding playbargames.com or special offers. 1.3 Account Confidentiality. You agree that you will not allow others to use any aspect of your Account Information. You have responsibility for taking steps to maintain the confidentiality and security of your account. You agree to notify us immediately of any unauthorized use of your password and/or account. playbargames.com will not be responsible for any losses arising out of the unauthorized use of your member name, password and/or account and you agree to indemnify and hold harmless playbargames.com, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same. 1.4 Security. To prevent unauthorized access, to maintain data accuracy, and to ensure the appropriate use of Account Information, playbargames.com uses appropriate physical, technical and administrative procedures to safeguard the information we collect. We use Secure Sockets Layer (SSL) encryption when collecting or transferring sensitive data such as credit card information. SSL encryption is designed to make the information unreadable by anyone but us. Credit card numbers are used only for processing payments and are not used for other purposes. 2. LICENSE TO playbargames.com SERVICES 2.1 License Grant. A. playbargames.com grants to you a limited, non-exclusive, non-transferable license to access and use the playbargames.com Services in legally authorized jurisdictions for personal non-commercial purposes only, except as expressly permitted in Section 2.1(B) below. If you subscribe to any of the playbargames.com Services, this license is contingent upon your payment of any applicable subscription fees and your compliance with any other terms and conditions applicable to you as a subscriber. Any violation by you of the license provisions contained in this Section 2.1 may result in the immediate termination of your right to use the playbargames.com Services. playbargames.com reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THE playbargames.com SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED. B. Notwithstanding Section 2.1(A), you may use the playbargames.com Services in the United States for business use only if you have met all of the following conditions: You must have an active account with playbargames.com. Your right to use the playbargames.com Service for business may be terminated by playbargames.com if you fail to comply with any applicable Terms or this Agreement. In the event of a conflict between this Agreement and the Terms, the Terms shall control solely with respect to the use of the playbargames.com Service for business. playbargames.com reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY BUSINESS USE OF THE playbargames.com SERVICES NOT SPECIFICALLY PERMITTED IN THIS SECTION 2.1(B) IS STRICTLY PROHIBITED AND MAY RESULT IN IMMEDIATE TERMINATION OF YOUR RIGHT TO USE THE playbargames.com SERVICES. 2.2 Updates. playbargames.com may from time to time make available to all users of the playbargames.com Services, updates at no cost or subject to additional fees in playbargames.com's sole discretion. "Updates" means any updates, upgrades or error corrections to the playbargames.com Services that playbargames.com makes available generally to users of the playbargames.com Services. Notwithstanding anything else contained in this Agreement, playbargames.com will have no obligation to continue producing or releasing new versions of the playbargames.com Services or any updates thereto. 3. RESTRICTIONS You agree that you will not: 3.1 use the playbargames.com Services to reproduce copyrighted materials; 3.2 copy, store, edit, change, prepare any derivative work of or alter in any way any of the media streamed or displayed through the playbargames.com Services; 3.3 make the playbargames.com Services available over a network (other than playbargames.com's network) where it could be used by others; 3.4 provide your password to any other person; 3.5 translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the playbargames.com Services or any portion of them, except as expressly allowed under applicable law; 3.6 circumvent any technology used by playbargames.com or its licensors to protect content accessible via the playbargames.com Services; 3.7 rent, lease or sublicense any of the playbargames.com Services; or 3.8 use the playbargames.com Services in any way that violates the terms of this Agreement. 3.9 use the services in connection with any pornographic or offensive content. 3.10 upload any pornographic or offensive content. 4. COPYRIGHTS As between you and playbargames.com, you acknowledge that playbargames.com owns or has a license to all title and copyrights in and to the playbargames.com Services. All title and intellectual property rights in and to the licensed content in the playbargames.com Services is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties. 5. playbargames.com TRADEMARKS AND THIRD-PARTY TRADEMARKS The following are registered trademarks or trademarks of playbargames.com: playbargames.com, and its design logo, Information, as well as certain other playbargames.com trademarks, service marks, graphics, and logos (collectively, the "playbargames.com Trademarks") used in connection with the playbargames.com Services. The playbargames.com Services may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to playbargames.com Trademarks or the trademarks of any third party. 6. SECURITY The playbargames.com Services use technology to protect the digital information provided by playbargames.com from unauthorized use. Your use of the playbargames.com Services may be limited by such technology. You acknowledge that, from time to time, playbargames.com may modify or discontinue using such technology. Security modifications made by playbargames.com may from time to time include required updates to the playbargames.com Services. IF YOU ATTEMPT TO VIOLATE OR CIRCUMVENT ANY SYSTEM OR NETWORK SECURITY COMPONENTS OR TECHNOLOGY, YOU MAY BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY. 7. PRIVACY POLICY playbargames.com cares about your privacy. It is important that you read and understand the terms of playbargames.com's Privacy Policy. playbargames.com may cooperate with and disclose information (including your Account Information) to any authority, government official or third-party, without giving any notice to you, in connection with any investigation, proceeding or claim arising from an asserted illegal action or infringement due to your use of the playbargames.com Services. 8. AGREEMENT TO PAY 8.1 If you elect to become a subscriber to the playbargames.com Services, you agree to pay all fees and charges associated with your subscription on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged on your credit card or through Pay Pal. You will maintain valid credit card information in your Account Information. 8.2 All Prices are subject to change. 8.3 All subscribers will be given a one month notice prior to pricing changes. 8.4 All accounts that are based on a venue limit will be given a one month notice should that venue limit be changed. 9. TERM This Agreement will remain effective until terminated by you or terminated by us; provided that Sections 3 – 5 and 9 - 13 will survive termination and continue in effect. 10. DISCLAIMERS 10.1 THE playbargames.com SERVICES (INCLUDING ANY SOFTWARE CONTAINED THEREIN) AND ANY UPGRADES OR PLUG-INS AND ANY LICENSED CONTENT ARE LICENSED TO YOU "AS IS." ANY USE OF THE playbargames.com SERVICES WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, playbargames.com DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. playbargames.com MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE playbargames.com SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND playbargames.com DISCLAIMS ANY LIABILITY RELATING THERETO. 10.2 playbargames.com MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT USE OR RESULTS OF THE USE OF THE playbargames.com SERVICES WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, playbargames.com MAY MODIFY, SUSPEND, OR DISCONTINUE THE playbargames.com SERVICES (INCLUDING ANY CONTENT) OR YOUR USE OF THEM. WHENEVER playbargames.com ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE playbargames.com SERVICES, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY. 10.3 YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK. playbargames.com DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. 10.4 YOU UNDERSTAND THAT YOU MAY ENCOUNTER OFFENSIVE, INDECENT OR OTHER OBJECTIONABLE CONTENT WHEN USING THE playbargames.com SERVICES. playbargames.com WILL HAVE NO LIABILITY TO YOU FOR ANY SUCH CONTENT. 10.5 SOME OF THE CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE playbargames.com SERVICES MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT playbargames.com ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS OR SERVICES. 11. LIMITATION OF LIABILITY 11.1 IN NO EVENT WILL playbargames.com BE LIABLE TO YOU FOR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) EVEN IF playbargames.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY playbargames.com OR OTHERS WILL CREATE A WARRANTY AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU. 11.2 playbargames.com'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT WILL BE LIMITED TO THE GREATER OF ONE DOLLAR (US $1.00) OR THE TOTAL AMOUNT PAID BY YOU FOR THE APPLICABLE playbargames.com SERVICES AT ISSUE. 11.3 We claim no intellectual property rights over the material or services you provide. However, by setting your pages to be viewed publicly, you agree to allow others to view your Content. 11.4 playbargames.com does not pre-screen Content, but playbargames.com and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service or Services. 11.5 You shall defend playbargames.com against any claim, demand, suit or proceeding made or brought against playbargames.com by a third party alleging that Your Content, or Your use of the Service Or Services are in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify playbargames.com for any damages finally awarded against, and for reasonable attorney’s fees incurred by, playbargames.com in connection with any such claim, demand, suit or proceeding; provided, that playbargames.com (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases playbargames.com of all liability); and (c) provides to You all reasonable assistance, at Your expense. 12. INDEMNITY YOU WILL INDEMNIFY AND HOLD playbargames.com, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS ARISING OUT OF (I) YOUR BREACH OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHT OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; OR (II) YOUR USE OF THE playbargames.com SERVICES. 13 - 16. GENERAL 13.1 You will be responsible for providing the DSL, cable modem and any other hardware and software necessary to use the playbargames.com Services. 13.2 playbargames.com or its business partners may present advertisements or promotional materials via the playbargames.com Services. Your dealings with, or participation in promotions of any third-party advertisers via the playbargames.com Services are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that playbargames.com is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via the playbargames.com Services. 13.3 The playbargames.com Services may present links to third-party Web sites or third-party services not owned or operated by us. We are not responsible for the availability of these third-party sites or services or their contents. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such third-party site or services or goods or services available through any such third-party site or service. 13.4 The playbargames.com Services are owned or licensed by playbargames.com and are protected by the copyright laws of the United States and other countries in which the playbargames.com Services are made available. You will not sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void. 13.5 This Agreement will be governed by the laws of the State of Virginia, without regard to conflicts of laws provisions thereof. Except as expressly prohibited by applicable law, the exclusive jurisdiction for any claim, action or dispute with playbargames.com or relating in any way to your use of the playbargames.com Services will be in the state and federal courts of the State of Virginia and the venue for the adjudication or disposition of any such claim, action or dispute will be in Virginia. 13.6 Should you have any questions concerning this Agreement or need technical support, you may contact playbargames.com support by emailing support@playbargames.com. 13.7 playbargames.com may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email, mobile text message, written or hard copy notice, or through conspicuous posting of such notice on Site, as determined by playbargames.com in its sole discretion. playbargames.com reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Agreement. 14.1 playbargames.com is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which playbargames.com provides may change from time to time without prior notice to you 14.2 As part of this continuing innovation, you acknowledge and agree that playbargames.com or its affiliates may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at playbargames.com’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform playbargames.com when you stop using the Services. 14.3 You acknowledge and agree that if playbargames.com or it's affiliates disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account. 15.1 You agree that you are solely responsible for (and that playbargames.com has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which playbargames.com may suffer) of any such breach. 16.1 IN PARTICULAR, playbargames.com, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. 16.2 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. 16.3 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM playbargames.com OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.