TERMS OF SERVICE
Updated September 14, 2020
These Terms of Service ("Terms") apply to access to and use of www.ggCircuit.com, www.ggLeap.com, and the related software applications (together the “Service”) which includes without limitation the content, functions and features, applications, and gaming products and services available online and at a ggLeap enabled LAN center.
As used in these Terms, "we" (and its variant, "our" and "ours") means and refers to ggCircuit, LLC ("ggCircuit"), and "you" (and its variant, "your" and "yours") means and refers to the person who is accessing or using the Service. These Terms may be changed or updated by us at any time, but you can always find the most recent version here.
Except as stated below, all amended terms shall automatically be effective 48 hours after they are initially posted. In addition, we may notify you of any amended terms by sending an email to the current email address we have for you. However, we suggest that you periodically check that page to make sure that your understanding of these Terms is up to date. These Terms may not be otherwise amended except in writing signed by you and us.
Acceptance of these Terms creates a binding legal agreement between you and us, and indicates your agreement to use the Service only in a manner that is consistent with these Terms. If you have questions about these Terms, please contact us at info@ggCircuit.com. Your use of the Service is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not proceed to registration and do not use any part of the Service. These Terms are supplemented by the Terms of Service for additional services, such as ggLeap AtHome if you subscribe to the service. Please go here for the Terms of Service for ggLeap AtHome.
BY CLICKING YOUR ACCEPTANCE OF THESE TERMS, OR BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREE TO BE LEGALLY BOUND BY THEM.
To register for an account with us, you must provide certain information including, but not limited to, your name, email address, date of birth, user ID, and a password of your choice. When you create an account, you will have access to ggLeap and ggCircuit. Your ggLeap access allows you to play games at the LAN center by purchasing time for computer usage at the LAN center. Other services that vary by LAN center include the ability to track and increase your computer time (for example, purchase a day pass or special offer), order snacks, or redeem prizes with coins. Your ggCircuit access allows you to compete with gamers at other ggLeap enabled LAN centers, earn coins based on your game play, and redeem rewards for those coins (if available at the LAN center). Your game stats are tracked and posted to leaderboards.
We will assume (and by using the Service you warrant to us) that either you have the legal capacity to be bound by these Terms (including, that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract), or your parents have consented to your use of the Service and accept these Terms on your behalf.
2. LAN CENTERS
When you create a ggLeap account at a LAN center, you may be required to agree to their privacy statement and other policies. The information you provide when logged into ggLeap at a LAN center will be collected and stored as part of your ggLeap and/or ggCircuit account, including your account balance, game usage, coins, stats and other information tracked through the Service.
When you register for events and activities through the Service, you may be required to agree to the official rules that may include eligibility, format and prize structure. You must register separately for each event or activity. Rules and eligibility may vary.
It is free to create a ggCircuit account. If you choose to purchase other subscriptions, you will need to select your method of payment when you set up your account. If subscriptions are provided by third parties, then you are subject to their terms and conditions. You may change your subscription or payment information at any time by logging into your account. You are responsible for all taxes applicable to the fees, if any, in any applicable jurisdiction.
Your account is automatically renewed each subscription term until you cancel by logging into your account and changing the subscription status or by contacting info@ggCircuit.com (if using this method, your subscription is not cancelled until you have received a confirmation from us). The cancellation will be effective prior to your next subscription term. It is your responsibility to pay all amounts as and when due. If you fail to make payment as and when due, we may suspend or terminate your account. Any such suspension or termination will not, however, relieve you of your obligation to pay the missed payment. Fees are nonrefundable, and no refunds will be made because, without limitation, ggLeap is unavailable due to a network configuration, software issue, hardware issue, or other failures.
Fees for computer usage are determined by each LAN center and billed and processed directly by the LAN center.
5. PRIVACY PRACTICES
6. PROPRIETARY RIGHTS
You acknowledge and agree that all content and materials available through the Service are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from, such materials or content. You understand that we are unable to provide you with permission to copy, display or distribute material which you do not own. You may not copy or distribute such material without the written consent of the owner. You are solely responsible for any violations of law that you may incur as a result of your activities on the Service. Systematic retrieval of data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms is prohibited.
If you believe that your work or the work of another has been placed onto the Service in a way that constitutes copyright infringement, we have a process in place to respond to your concerns. Please go here for an explanation of that process. Please do not contact us with respect to any infringement appearing in locations other than through the Service.
7. LICENSE GRANT
By posting or submitting suggestions or content, such as posts, pictures and any other data, to the Service, you (a) grant us and our affiliates and licensees a perpetual, irrevocable right and license, with right of sublicense, to use, reproduce, display, perform, adapt, modify, sublicense, distribute, have distributed, and promote your suggestions and content in any form, anywhere and for any purpose; and (b) warrant and represent that you have the right to grant these rights and licenses and that the public posting and our use of your suggestions and content will not infringe or violate the rights of any third party.
8. YOUR USE OF THE SERVICE
Your use of the Service is subject at all times to these Terms. Without limiting any of the restrictions and obligations in these Terms, you may use the Service for your own personal use, and you may not, without our prior permission:
If we believe you have violated, may violate, or will violate any of the foregoing provisions, we may, at our option and without limiting any of our remedies available herein or at law, and with or without notice to you, suspend or terminate your access to the Service.
We assume no liability for content posted by you or for the actions or behavior of any contributor or participant. All opinions and views expressed by other users, including those of our staff, are solely those of their respective authors and do not reflect our opinions. We may delete, cancel, purge or modify any post, in part or in whole, without prior notice or further explanation. We may also ban you from the forums without prior notice, for any reason, at our discretion.
You are solely responsible for all the content that you publish or display on the Service ("post") or transmit to other users (in each case, "Content"). Your use of the Service, including but not limited to the Content you post or transmit, must be in complete accordance with any and all applicable laws and regulations. You will not post or transmit any defamatory, inaccurate, offensive, threatening, harassing, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights and rights of privacy and publicity), or post or transmit "junk mail", "chain letters," or unsolicited mass mailing or "spam." You will not provide inaccurate, misleading or false information to us or to any user. If information provided to us, or to a user, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. Without limiting the foregoing:
You understand and agree that we may review and delete Content, in whole or in part, at any time. Such deletion shall be at our sole discretion, and may occur, without limitation, if we believe Content violates or may violate these Terms, or might be offensive, illegal, or that might violate the rights of others. Use of the Service is granted with our permission, which may be revoked at any time, for any reason, in our sole discretion.
10. LINKS TO THIRD PARTY SERVICES AND ADVERTISERS
11. OTHER LIMITATIONS
We may establish general practices and limits concerning the use and operation of the Service. You agree that we have no responsibility or liability for the deletion or failure to store any information maintained on, or transmitted by, the Service. You understand that we reserve the right to close accounts, in our sole discretion, that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
12. U.S. EXPORT CONTROLS
Software, applications, widgets, gadgets and other tools made available on the Service ("Software") are each subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported (i) into, or to a national or resident of, any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
You agree to indemnify, defend, and hold us harmless (including our officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the service), from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account.
14. NO WARRANTY
(a) No Warranty. The Service and any product or service available through the Service are provided on an "As Is" and "As Available" basis. Your use of such product or service is at your own risk. We do not guarantee continuous, uninterrupted, or secure access to the Service. The operation of the Service may be interfered with by numerous factors outside of our control. You also understand that we are not responsible for the security or privacy of communications sent via the Service.
(b) Disclaimer. To the extent permitted under applicable law, we expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, non-infringement, and accuracy of information. We make no warranty that (i) the Service will be provided in a manner that is uninterrupted, timely, secure, or error free, (ii) the Service is or will be free of viruses or other harmful components, or (iii) the Service or content provided will meet your requirements. We make no warranties of any kind with respect to software, goods, services, promotions, or the delivery of any software, goods or services that are purchased, accessed or obtained through the Service or that are advertised on the Service. Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk. 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.
15. LIMITATION OF LIABILITY
You expressly acknowledge and agree that, to the fullest extent permitted under law, we will have no obligation or liability (whether arising in contract, warranty, tort (including negligence), product liability or otherwise) for any incidental, indirect, or consequential damages or liabilities (including, but not limited to, any loss of data, revenue, or profit) arising with respect to your use of the Software or Service, even if you have been advised of the possibility of such damages. Examples of the types of matters to which the foregoing applies include (a) use of or inability to use the Software or Service; (b) the cost of procurement of substitute goods or services; (c) unauthorized access to or alteration of your profile or Membership by third parties; (d) third party content made available to you through the Software or Service; or (e) any other matter relating to the Software or Service. In addition, our liability, and the liability of our officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to the greater of (a) the amount of membership fees you pay to us in the 12 months prior to the action giving rise to the liability, or (b) $100. Some jurisdictions do not allow the exclusion or limitation of damages, so the above limitations or exclusions may not apply to you.
You agree and acknowledge that we, in our sole discretion, may terminate your account (or any part thereof) or use of the Service, and remove and discard any of your Content including, but not limited to, any and all information, communications, postings, messages, files and other content within the Service, at any time, without notice, for any reason, including but not limited to (a) if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms, including a failure to pay any fees as and when due, or (b) if we decide to discontinue any portion of the Service. Upon termination of your account, the agreement contained in these Terms and your right to use the Service will immediately cease. You agree that we are not be liable to you or any third-party for any termination of your access to the Service. Termination of your account and the agreement contained in these Terms do not affect Section 5 (Privacy Practices), Section 6 (Proprietary Rights), Section 7 (License Grant), Section 13 (Indemnity), Section 14 (No Warranty), Section 15 (Limitation of Liability), Section 16 (Termination), Section 17 (Choice of Law and Forum), and Section 19 (Entire Agreement; Other Terms).
17. CHOICE OF LAW AND FORUM
The laws of the State of Indiana, USA, excluding its conflicts-of-law rules, govern these Terms. The state and federal courts with districts which include Marion County, Indiana, USA, are the exclusive forum and venue to resolve any and all disputes arising out of or relating to these Terms. However, in an action to enforce a judgment, such forum and venue is nonexclusive. You consent to personal jurisdiction and venue by such state and federal courts.
18. MODIFICATION OF THESE TERMS AND THE SERVICE
You agree that we reserve the right (for any reason and without notice) to amend these Terms and to modify or discontinue, temporarily or permanently, all or any part of the Service. Unless explicitly stated otherwise, any new features on the Service are subject to these Terms.
19. ENTIRE AGREEMENT; OTHER TERMS
20. COPYRIGHT AND TRADEMARK NOTICES
All content of the Service is a Copyright of ggCircuit, LLC or our suppliers. “GGCIRCUIT” and “GGLEAP” are trademarks of ggCircuit, LLC. All rights are reserved.
The names of companies and products featured or referenced in the Service may be the trademarks of their respective owners.
21. REPORTING VIOLATIONS
Please report violation of these Terms to info@ggCircuit.com.
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