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Terms of Service

Last Updated: 09/05/2024

Introduction

Welcome to the Tablegame Network, which consists of the following, along with any related services: Tablegame.io (“Website”), Tablegame online multiplayer gaming platform (“Service”). These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you") and Tablegame ("Company", "we", "us", “our”), governing your access to and use of the Tablegame Network.

Acceptance of Terms

By accessing or using the Tablegame Network, you confirm that you have read, understood, and agreed to be bound by these Terms, including any additional terms and conditions and policies referenced herein or available by hyperlink.

Service

The Service allows for user(s) to scan a QR code and play games developed by us together with other user(s) that scan the same QR code. The Service may be deployed on private or commercial establishments that may permit patrons to scan QR-codes and play games with other users within the establishment without payment (each a “Tablegame Service Venue”). The company or other third party that owns, operates or controls access to such Tablegame Service Venue will determine who can access and use the Service located on the establishment. Access to and use of the Service is determined by the applicable Tablegame Service Venue in its sole discretion. If you do receive authorization from a Tablegame Service Venue to access or use the Service on the premises of such venue, you agree to abide by any additional terms and policies promulgated by such venue, and you acknowledge that either Tablegame or such venue may terminate your access to or use of the Service at any time.  In connection with your access to or use of the Service, we reserve the right to provide your personal information to the applicable Tablegame Service Venue(s) in accordance with our Privacy Policy.  We are not responsible for any acts or omissions of any Tablegame Service Venue, including non-performance, delayed performance or the designation of user(s) (or failure to designate users).

Prohibited Activities

You are prohibited from engaging in the following activities:

  • Hacking, modifying, or otherwise attempting to gain unauthorized access to the Tablegame Network.
  • Reverse engineering, decompiling, or disassembling any part of the Tablegame Network.
  • Interfering with the operation of the Tablegame Network or the enjoyment of the Service by other user(s).
  • Using the Tablegame Network for any illegal or unauthorized purpose.

Alcohol Consumption

The Service may be deployed in Tablegame Service Venue(s) that serve alcohol. Consuming alcohol can be dangerous and should be done responsibly, in moderation, and not under any legal drinking age. If you choose to drink, please do so responsibly and never drink and drive.

WE WILL NOT BE HELD RESPONSIBLE FOR ANY DAMAGE OR HARM CAUSED BY EXCESSIVE ALCOHOL CONSUMPTION.

Age-Restricted Content

Certain games within our Service are designated with an "18+" badge and are strictly intended for users who are 18 years of age or older. These games are available at Tablegame Service Venue(s) such as bars and restaurants, where it is expected that the management enforces age restrictions. We do not perform independent age verification and rely on these venues to verify that all participants meet the necessary age requirements. By choosing to engage with these adult-only games, users affirm their age as 18 or older and acknowledge the responsibility of the Tablegame Service Venue(s) to ensure compliance with applicable local age laws.

Intellectual Property

You agree to use the Tablegame Network (including all works included therein) solely for your own personal and non-commercial use. All materials provided through the Tablegame Network, including but not limited to text, graphics, logos, and software, are owned by, or licensed to us and are protected by intellectual property laws.

If you believe in good faith that materials available on or through the Tablegame Network infringe your copyright, you (or your agent) may send us a notice by email requesting that we remove such material or block access to it. Our email is hello@tablegame.io.

Limitation of Liability

You understand that the Tablegame Network is an entertainment service and you agree that we will not be responsible for any damages that you claim result, directly or indirectly, from use of the Tablegame Network, for any reason, including costs incurred while using the Tablegame Network, the inaccessibility or technical failure of the Tablegame Network, or the costs associated with any claims you bring or try to bring against us.

Specifically, but without limitation, you agree not to hold us liable for damages you claim are caused by third parties who contact you using the Tablegame Network or become aware of your identity through the use of the Tablegame Network and you understand that, while such behaviour may be a violation of these Terms of Use, we need not attempt to identify or exercise control over individuals who falsify their identities or provide false information to others through the use of the Tablegame Network.

IN NO EVENT WILL TABLEGAME, ITS AFFILIATES, ITS BUSINESS PARTNERS OR ANY THIRD PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE TABLEGAME NETWORK (INCLUDING ANY RELATED CONTENT AND SERVICES) (“THIRD-PARTY PROVIDERS”), BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOST PROFITS, EVEN IF WE HAVE BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.  WITHOUT LIMITING THE FOREGOING, TABLEGAME, ITS AFFILIATES, BUSINESS PARTNERS AND THIRD-PARTY PROVIDERS WILL NOT BE LIABLE FOR DAMAGES OR LOSSES OF ANY KIND ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO ACCESS OR USE THE TABLEGAME NETWORK (INCLUDING ANY RELATED CONTENT OR SERVICES) OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, SERVICE OUTAGE, OR INCOMPATIBILITY BETWEEN ANY ELEMENT OF THE TABLEGAME NETWORK AND YOUR HARDWARE DEVICE(S).  IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH USE OF THE TABLEGAME NETWORK, YOU AGREE TO ADDRESS AND RESOLVE SUCH DISPUTE WITH SUCH OTHER USER AND NOT TABLEGAME AND TO RELEASE TABLEGAME, ITS AFFILIATES, BUSINESS PARTNERS AND THIRD-PARTY PROVIDERS FROM ANY CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.  

For jurisdictions that do not allow the exclusion or limitation of incidental or consequential damages, our liability in such jurisdictions shall be limited to the extent permitted by law.

Indemnity

YOU AGREE TO INDEMNIFY TABLEGAME AND ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, BUSINESS PARTNERS AND THIRD-PARTY PROVIDERS (THE “TABLEGAME PARTIES”) AGAINST AND HOLD THE TABLEGAME PARTIES HARMLESS FROM, LIABILITY, LOSSES, COSTS AND EXPENSES (INCLUDING LEGAL FEES) INCURRED AS A RESULT OF YOUR USE OF THE TABLEGAME NETWORK (INCLUDING ANY RELATED CONTENT AND SERVICES) OR CLAIMS MADE IN CONNECTION WITH SUCH USE.

For example, and without limitation, if you use the Tablegame Network to do something illegal, you agree not to sue us if another party takes action against you for it, and, if you do sue us, you agree to pay our costs and legal fees in defending that action.  Also, if any other party takes action against you or if your property is damaged in connection with your legal use of the Tablegame Network, even if that use is permitted by these Terms of Use, you agree not to sue us.  If you try to sue us even though you have agreed not to do so, you agree that you will be responsible for our costs and legal fees in connection with our defence of that suit.

Disclaimer of Warranties

THE TABLEGAME NETWORK (INCLUDING ANY RELATED CONTENT AND SERVICES) IS PROVIDED “AS IS.” TABLEGAME, ITS AFFILIATES, BUSINESS PARTNERS AND THIRD-PARTY PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND WHATSOEVER RELATING TO THE TABLEGAME NETWORK, LINKED SITES, USER SUBMISSIONS, OR OTHER CONTENT OR SERVICES THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE TABLEGAME NETWORK.  TABLEGAME, ITS AFFILIATES, BUSINESS PARTNERS AND THIRD-PARTY PROVIDERS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS, WARRANTIES AND CONDITIONS.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TABLEGAME, ITS AFFILIATES, BUSINESS PARTNERS AND THIRD-PARTY PROVIDERS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (a) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (b) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (c) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE TABLEGAME NETWORK, (d) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY (INCLUDING TIMELINESS), CORRECTNESS OR COMPLETENESS OF ANY CONTENT, MATERIALS, OR DATA (INCLUDING DESCRIPTIONS OF PRODUCTS AND SERVICES) MADE AVAILABLE ON THE TABLEGAME NETWORK OR OTHERWISE BY TABLEGAME AND (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NON-PERFORMANCE, OR OTHER ACTS OR OMISSIONS BY TABLEGAME OR ANY THIRD PARTY.  FURTHER, THERE IS NO WARRANTY THAT THE TABLEGAME NETWORK WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.

TABLEGAME, ITS AFFILIATES, BUSINESS PARTNERS AND THIRD-PARTY PROVIDERS MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, THAT (a) THE INFORMATION PROVIDED THROUGH THE TABLEGAME NETWORK WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THE TABLEGAME NETWORK WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THE TABLEGAME NETWORK WILL BE FREE FROM SERVICE OUTAGES OR OTHER SERVICE INTERRUPTIONS OR FAILURES; (d) DEFECTS OR ERRORS IN THE TABLE NETWORK WILL BE CORRECTED; OR (e) THE CONTENT ON THE TABLEGAME NETWORK IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  ANY INFORMATION ON THE TABLEGAME NETWORK IS SUBJECT TO CHANGE WITHOUT NOTICE AND TABLEGAME DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.

Applicable law may not allow for limitations on certain implied warranties; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.

Changes to Terms

We reserve the right to modify these Terms or any aspect of the Service at any time. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

Privacy Policy

A separate document, the Privacy Policy, explains our handling of personal information we maintain about you while you use the Tablegame Network.  By using the Tablegame Network, you indicate that you understand and agree to the information collection, use and disclosure practices described in our Privacy Policy, so you should review it before using the Tablegame Network.  If you have questions about our privacy practices, you can always contact us as set out in the Privacy Policy.

Termination

These Terms of Service may be terminated by us for any reason at any time. You agree to cease all use of (including any access to) the Tablegame Network upon termination of these Terms of Service. 

Entire Agreement

Entire Agreement: Unless otherwise specified herein, these Terms of Service, as changed or updated from time to time, constitute the entire agreement between you and us and govern your use of the Tablegame Network, superseding any prior or contemporaneous communications and proposals in any form between you and us.  If any part of these Terms of Service is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Service shall remain in effect.

Arbitration

Except for disputes that qualify for small claims court, all disputes arising out of or related to these Terms of Service or any aspect of the relationship between you and us (including, for purpose of this Section, its affiliates), whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator, instead of in a court by a judge or jury and you hereby agree that we and you are each waiving the right to trial by a jury.  You agree that any arbitration under these Terms of Service will take place on an individual basis; class arbitrations and class actions are not permitted, and you are agreeing to give up the ability to participate in a class action. The arbitration shall be seated in the jurisdiction that we operate in.  The arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate.  Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances.  If the parties are unable to agree on a location, such determination should be made by the arbitrator.  The arbitrator’s decision shall follow these Terms of Service and shall be final and binding.  The arbitrator shall have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms of Service, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator.  Regardless of any law to the contrary, the arbitrator shall have no authority to award punitive or exemplary damages.  The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.  Notwithstanding any of the foregoing, nothing in these Terms of Service will preclude you from bringing issues to the attention of federal, state, provincial or local agencies and, if the law allows, they can seek relief against us for you.

Language

You agree that these Terms of Service and any correspondence in connection therewith will be drawn up in English only.

Additional Agreements

From time to time, we might also offer certain services that require an additional agreement.  When this is required, we will provide the additional agreement to you when you try to access such a service.  By accepting these Terms of Service, you agree to access, read and ensure that you understand any additional agreement before accessing the service that it covers, because using that service indicates your acceptance of these Terms of Service and the terms of any additional agreement.

No Professional Advice

Any information supplied by any employee or agent of Tablegame, whether by telephone, e-mail, letter, facsimile, or other form of communication, is intended solely as general guidance on the use of the Tablegame Network and does not constitute legal, tax, medical, accounting, or other professional advice.  Individual situations and state laws vary and user(s) are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions.

Governing Law

These Terms shall be governed by the laws of the jurisdiction in which we operate. Any disputes arising under these Terms will be subject to the exclusive jurisdiction of the courts of that jurisdiction.

No Waiver

You agree that our failure to enforce any provisions of these Terms of Service or respond to a breach by you or other parties does not in any way waive our right to enforce subsequently any terms or conditions of the Terms of Service or to act with respect to similar breaches.

Contact

If you have any questions about this Terms of Service, please contact us through email at hello@tablegame.io