YOU HEREBY AGREE WITH AMI ENTERTAINMENT, INC. (“AMI”) TO THE FOLLOWING TERMS AND CONDITIONS IN ORDER TO REGISTER YOUR AMI ACCOUNT.
You hereby grant permission for e-mail announcements, newsletters or any other information to be sent to you with exciting AMI news and events.
You further agree to the following terms and conditions:
AMI Account Set Up
As a registered customer of an AMI product, you may establish an AMI Account. You agree to not reveal your AMI Account information to anyone else and that you are entirely responsible for maintaining the confidentiality and security of your AMI Account information and for all activities that occur on or through your AMI Account. You agree to immediately notify AMI of any security breach of your AMI Account. Neither AMI nor any AMI operators or personnel shall be responsible for any losses arising out of the unauthorized use of your AMI Account or the loss or theft of your swipe card or any other property, material or information in your possession.
AMI reserves the right to terminate your AMI Account and confiscate any account balances in accordance with applicable law if AMI learns that you have provided with false, infringing, misleading, or information not otherwise permitted in accordance with these terms and conditions. You are entitled to a maximum of one account. Any additional accounts will be canceled by AMI. Any inappropriate or offensive usernames may be removed at AMI’s sole discretion and may cause the termination of your AMI Account without notice or liability to you. You shall be responsible for all uses of your registration, whether or not authorized by you. AMI takes no responsibility for the security of your equipment, due to machine malfunction, your personal form of communication such as e-mail, telephone or any other personal type of network system.
In order to access your data, you must enter your AMI Account password to authenticate your AMI Account. Once you have authenticated your AMI Account, you may need to re-authenticate your account from time to time. During this time, you will be able to review information without the necessity of having to re-enter your AMI Account password. You hereby agree to provide accurate and complete information when you register with, and as you use, the AMI Account, and you agree to update your AMI Account information to keep it accurate and complete.
All sales of any AMI products and services are final. Prices for AMI products and services may change at any time and AMI does not provide price protection or refunds in the event of a price reduction or promotional offering.
Your Information & Privacy
The Facebook application (“FB App”) will allow you to upload, post and/or distribute information about your AMI Account, including, without limitation, your profile picture, game scores and the location at which you’re playing any games (“Content”). Usage of the FB App requires a Facebook account. You must login to your Facebook account each time you wish to post information to Facebook through the FB App in order to link your Facebook account to your AMI Account.
You understand that the Content and consequences of posting the Content are your sole responsibility and are subject to this Agreement. Once Content is posted to your Facebook account, it will be subject to the policies, terms and conditions of your Facebook account. AMI is not responsible for the Content once it is posted to your Facebook account.
Your interactions with other AMI users or other third parties through the FB App and your Facebook account are solely between you and such individuals or entities. You agree that AMI shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings.
If, for any reason, an AMI product is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of AMI which corrupts or affects the administration, security, fairness, integrity or conduct of the AMI product, AMI reserves the right in its sole discretion to disqualify any individual who tampers with an AMI product as well as cancel, terminate, modify or suspend your AMI Account. AMI assumes no responsibility for any error, omissions, interruption, deletion, defect or delay in operation with transmission, communications, line failure, theft or destruction or unauthorized access to or allegation of entries. AMI is also not responsible for any problem or technical malfunction of any cable, DSL or network or lines, computer online systems, servers, equipment or software, failure of any e-mail or technical problems or traffic congestion on the Internet or at any Web site, or Internet connection, or any combination thereof, including any injury or damage to your computer related to or resulting from your use of an AMI product or access to your AMI Account.
AMI is not responsible for any late, lost, garbled, misdirected, incomplete, or damaged entries; any disruptions, injuries, losses or damages caused by events beyond the control of AMI or any printing or typographical errors in any materials associated with AMI products or services or any subsidiary or affiliated company of any of the foregoing, are not in any way responsible or liable for any damage, loss or injury (including death) resulting from participation on an AMI product.
By participating on an AMI product, you release and agree to hold harmless, AMI, its sponsors, parent companies, subsidiaries, affiliates, directors, officers, employees and agencies from any liability whatsoever for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the AMI product or your AMI Account (including, without limitation, claims, costs, injuries and losses related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
Your AMI Account is subject to all laws of the United States and Canada, and cannot be used in connection with any form of gambling. By joining, you hereby agree to abide by the terms of the official rules and by the decisions of AMI, which are final on all matters pertaining to AMI products and your AMI Account. AMI reserves the right to change the rules of operation of AMI products at any time, in its sole discretion.
You must be at least fourteen (14) years old to hold an AMI User Account. You agree to review these terms and conditions with a parent or guardian in order to make sure you and your parent or guardian understand them.
Termination of Use
AMI may modify, perform maintenance, or discontinue operation of this AMI product or your AMI Account with or without notice to you and without liability to you or any third party. AMI may change, suspend or discontinue any aspect of this AMI product or your AMI Account at any time, including the availability of any features or content, and may impose limits on certain features and services or restrict access to parts or all of the services without notice or liability. AMI reserves the right, in its sole discretion, to terminate your access to this AMI product or your AMI Account or any portion thereof at any time, without notice.
You are subject to the laws of the jurisdiction in which you reside and from which you participate and are solely responsible for adhering to those applicable laws. You agree that AMI cannot be held liable if laws applicable to you restrict or prohibit your participation.
AMI makes no representations or warranties, implicit or explicit, as to your legal right to participate in any services offered by AMI, nor shall any person affiliated, or claiming affiliation with AMI products or AMI have authority to make any such representations or warranties.
You agree to indemnify and hold each of AMI, its sponsors, its affiliates, its officers and its employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this AMI product.
No Unlawful or Prohibited Use
As a condition of your use of this AMI product, you warrant to AMI that you will use this AMI product only for personal non-commercial use and you will not use this AMI product for any purpose that is unlawful or prohibited by the terms, conditions, and notices herein. You may not use this AMI product in any manner which could damage, disable, overburden, or impair this AMI product or interfere with any other party’s use and enjoyment of this AMI product. Additionally, you will not use this AMI product to (a) make available any content that is unlawful, harassing, threatening, tortuous, libelous, violent, defamatory, hateful, or otherwise offensive, (b) infringe on any third party intellectual property rights, (c) request personal information from a minor who is not a friend or otherwise personally known to you, (d) harass, threaten or stalk another person or otherwise use an alias identity or misrepresent who you are or (e) send bulk e-mails to recipients. You may not obtain or attempt to obtain or modify any materials or information through any means not intentionally made available or provided for through this AMI product. You may not utilize the FB App in any way that violates this Agreement or violates the rules and obligations of Facebook.
Intellectual Property License & Restrictions
The system, including any names, logos, software, content, graphics, music and technology is the sole and exclusive property of AMI, including any and all related intellectual property therein. AMI products are protected by copyright laws, trademarks, patents and international treaty provisions. Any reproduction or redistribution of AMI products is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this AMI product.
Your use of this AMI product is governed by the terms of this Agreement. You many not use this AMI product unless you first agree to this Agreement. AMI hereby grants to you, a personal, nontransferable license to use this AMI product, and for no other purpose provided that you keep intact all copyright and other proprietary notices. You acknowledge that this AMI product, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export this AMI product, directly or indirectly, to any countries that are subject to USA export restrictions. You may not de-compile, reverse engineer or disassemble or hack in any form the software distributed by AMI or any of AMI’s sponsors. If AMI determines in its sole discretion that a user account has been used in violation of this Agreement, such account may be terminated without notice and all AMI Account balances may be confiscated in accordance with applicable law and in no event will AMI be liable for such termination.
Liability Disclaimer; No Warranty; No Consequential Damages
THE INFORMATION, SOFTWARE, PRODUCTS, DATA, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SYSTEM MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AMI AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SYSTEM AT ANY TIME. ADVICE RECEIVED VIA THE SYSTEM SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. AMI AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SYSTEM FOR ANY PURPOSE. AMI DOES NOT WARRANT THAT YOUR USE OF THIS AMI PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE AND YOU AGREE THAT AMI CAN FROM TIME TO TIME IN AMI’S SOLE DISCRETION STOP, CHANGE OR ALTER THIS AMI PRODUCT OR CANCEL THIS AMI PRODUCT WITHOUT NOTICE OR LIABILITY TO YOU.
THE SYSTEM INCLUDING ALL INFORMATION, DATA, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. AMI AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SYSTEM, INFORMATION, DATA, SOFTWARE, PRODUCTS, SERVICES INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
IN NO EVENT SHALL AMI AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, DATA OR PROFITS ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SYSTEM WITH THE DELAY OR INABILITY TO USE THE SYSTEM OR RELATED SERVICES, WITH THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR WITH ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SYSTEM, OR OTHERWISE ARISING OUT OF THE USE OF THE SYSTEM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AMI OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
No failure or forbearance on AMI’s part to exercise its rights or insist upon performance of your obligations hereunder is to be construed as a waiver or relinquishment of those or any other rights or obligations in that or any other instance; rather, the same shall remain in full force and effect. If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, such provision shall be narrowed in scope or otherwise amended to the extent necessary to make such provision lawful, valid and enforceable while as nearly as possible reflecting the intent of the parties as expressed in this Agreement, or, if such amendment is impossible, severed from this Agreement. No amendment or severing of any provision of this Agreement shall affect the validity or enforceability of any remaining provisions.
AMI may assign its rights and obligations under this Agreement, and upon such assignment, AMI may be relieved of any further obligation hereunder.
These terms and any additional terms constitute the entire understanding between you and AMI as to the subject matter hereof, and supersede all prior or contemporaneous agreements and understandings whether electronic, oral, or written. Any legally unenforceable provision of this Agreement will, at the election of AMI, be deleted or modified to correct the defect and, regardless, the remainder of the terms of this Agreement will remain valid and enforceable. You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and AMI as a result of this Agreement or use of this AMI product. You agree not to hold yourself out as a representative, agent, operator, distributor, or employee of AMI and AMI shall not be liable for any of your representations, acts or omissions.
This Agreement is governed by the laws of the Commonwealth of Pennsylvania. You hereby consent and agree that the courts in and around Philadelphia, PA shall have sole and exclusive jurisdiction and venue regarding any dispute that may arise in connection with this Agreement.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and AMI as a result of this Agreement. AMI’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of AMI’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of this AMI product or information provided to or gathered by AMI with respect to such use.