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Terms of Service
Last Updated: April 24, 2023.
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REVIEW THESE TERMS OF SERVICE BEFORE USING OUR WEBSITE.
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This is a legal agreement ("Agreement") between you ("You"/"Your") and High Score Gaming, LLC. ("HSG"/"Our"). These terms govern Your use of Our website. By using Our website, You acknowledge that You have read, understood, and agree to be bound by this Agreement and Our Privacy Policy. You further warrant and represent that You are at least 18 years old and are legally competent to contract pursuant to applicable law. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, DO NOT AGREE TO ITS TERMS OR OUR PRIVACY POLICY, OR ARE NOT LEGALLY COMPETENT TO CONTRACT, YOU MUST IMMEDIATELY LEAVE THIS WEBSITE.
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1. CHANGES. HSG reserve the right to, and may, at any time and without further notice to You, revise this Agreement or Our Privacy Policy by posting an amended version on Our website. Any changes will be immediately effective from the time of posting. HSG also reserves the right to, at any time and without notice to You, modify or discontinue Our website. You accept that You are solely responsible to review this Agreement and our Privacy Policy from time to time. Each visit to Our website will operate as a new agreement to be bound by this Agreement and Our Privacy Policy. YOU MUST IMMEDIATELY LEAVE OUR WEBSITE IF YOU, AT ANY TIME, DO NOT AGREE WITH THER TERMS OF THIS AGREEMENT OR OUR PRIVACY POLICY.
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2. INFORMATIONAL PURPOSES ONLY. HSG grants You a non-exclusive license to download and display Our website for Your personal (non-commercial) use only. HSG provides this website for informational purposes only. THIS WEBSITE DOES NOT CONTAIN, AND SHOULD NOT BE RELIED UPON OR INTERPRETED AS, LEGAL, EXPERT, OR PROFESSIONAL ADVICE OR OPINION.
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3. RESTRICTIONS ON USE. You agree that You will not and may not use Our website to: (i) violate this Agreement, Our Privacy Policy, or any applicable laws, regulations, or ordinances; (ii) transmit any malware, viruses, Trojan horses, malicious code, worms, or other destructive content; (iii) attempt to subvert, disrupt, probe, scan, test, or overcome the security of this website, the host's or HSG's systems, networks, software, or tools, or to obtain unauthorized access to any information, documents, or materials stored therein; (iv) transmit or upload any information, documents, or materials that violates the rights of any third party (including, without limitation, intellectual property, privacy, and proprietary rights); (v) disparage or otherwise bring disrepute to HSG, its officers, employees, representatives, clients, contractors, agents, or affiliates; and (vi) interfere with the functions of Our website or the use thereof by any third party.
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4. CONSENT TO RECEIVE MAIL. By contacting HSG using the 'Get in Touch' form, You consent to receive communications (including digital correspondence) from HSG.
5. INTELLECTUAL PROPERTY. Information, materials, and documents available on this website, including the intellectual property attached thereto, is the exclusive property of HSG. "High Score Gaming", “Level Up Your Collection”, the high-scoregaming.com domain name, HSG logo, and all other names, marks, and logos used by HSG in connection with this website and in the offering of HSG's services are the trademarks, service marks, registered trademarks, or registered service marks, of HSG. The use of this website does not grant You or any third party any right, title, or interest to HSG, its copyrights, trademarks, service marks, or this website. HSG reserves all rights to its intellectual property.
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6. LINKS TO THIRD PARTY WEBSITES. This website contains links to websites hosted and operated by third parties unaffiliated with HSG. HSG has no control over these website, and cannot guarantee and does not guarantee Your safety by visiting or using these websites. Third party websites are governed by their own terms of service and privacy policy (if any), and are not governed by this Agreement or Our Privacy Policy. Because HSG does not control third party websites, we cannot and do not warrant or guarantee the reliability, accuracy, or safety of their content. By following links to or using third party websites, You assume all risk, responsibility, and liability that arises directly and indirectly from their use, including but not limited to harm to You or any third party from displaying, downloading, or using any content, software, code, malware, other links, or other materials available on the third party website.
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7. DISCLAIMER OF WARRANTIES. HSG DISCLAIMS ALL WARRANTIES. THE WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HSG EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. USE, AVAILABILITY, AND PERFORMANCE OF THIS WEBSITE OR ANY OF ITS CONTENT MAY NOT BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME RESPONSIBILITY AND LIABILITY FOR ALL HARMS, DAMAGES, AND LIABILITIES, TO YOU OR TO ANY THIRD PARTY, ARISING FROM OR IN RELATION TO YOUR USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO DAMAGE TO AND LOSS OF YOUR SYSTEMS, NETWORK, OR DATA.
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8. LIMITATION OF LIABILITY. ANY LIABILITY OF HSG IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HSG WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THIS WEBSITE REGARDLESS OF ANY ADVICE OR ADVANCE NOTICE GIVEN TO HSG. WITHOUT LIMITING THE FOREGOING, THE ABSOLUTE MAXIMUM LIABILITY OF HSG UNDER ALL CIRCUMSTANCES WILL BE THE LESSER OF THE AMOUNT PAID BY YOU TO HSG IN CONSIDERATION OF YOUR USE OF THE WEBSITE AND $100. BY USING THIS WEBSITE, YOU IRREVOCABLY ACKNOWLEDGE AND AGREE THAT THIS LIMITATION OF LIABILITY IS A REASONABLE ALLOCATION OF RISK AND A FUNDAMENTAL ELEMENT OF THE BARGAIN BETWEEN YOU AND HSG, AND THAT THIS WEBSITE WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS.
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9. INDEMNITY. You agree to defend, indemnify, and hold harmless HSG and its officers, employees, representatives, contractors, and agents, and their affiliates (the "Indemnified Parties") from and against any and all claims, losses, costs, damages, liabilities, and expenses (including but not limited to attorneys’ fees and disbursements, and court costs, on an indemnity basis) arising from, out of, or in connection with: (i) Your use of this website; (ii) any violation by You of this Agreement or Our Privacy Policy; or (iii) the transmission of any data by You to HSG using this website. The Indemnified Parties may (but need not) participate in any defense by You under this section using the counsel of their choice but at Your sole cost and expense.
10. TERMINATION. If You violate this Agreement, any and all licenses granted by this Agreement will automatically and immediately terminate without further notice to You. Termination of this Agreement terminates Your right to use the website. HSG reserves the right, in its sole discretion, to limit, deny, or restrict use of and access to this website to any person or persons for any or no reason. HSG will not be required to provide advance or any notice to any person or persons whose use of or access to the website is limited, denied, or restricted.
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11. CHOICE OF LAW, JURISDICTION, & VENUE. This Agreement is governed by the laws of the State of South Carolina without regard to its conflict of law principles. This Agreement will be construed and interpreted as though executed by all parties in Charleston County, South Carolina. You irrevocably agree: (i) that the proper venue for any and all disputes (including but not limited to litigation) arising from, out of, or in connection with this website or Your use thereof will be the State and Federal Courts located in the State of South Carolina; (ii) that you waive any objection to the personal jurisdiction and venue of such courts (including but not limited to claims of forum non conveniens); and (iii) to accept extra-territorial service of process.
12. ENTIRE AGREEMENT. This Agreement and Our Privacy Policy constitutes the entire agreement between You and HSG concerning Your use of this website.
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13. AMENDMENT. This Agreement may only be modified in accordance with the terms of Section 1 herein.
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14. SEVERABILITY; WAIVER. If any part of this Agreement is held invalid or unenforceable, the remaining parts will remain in full force and effect, construed to reflect the parties' original intent. Waiver in any one instance by HSG of any term or condition of this Agreement, or any breach of this Agreement, will not operate as a general waiver of such term or condition or any subsequent breach.
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15. RELATIONSHIP. Nothing in this Agreement or on this website creates an agency, partnership, joint venture, employee-employer, or attorney-client relationship between You and HSG.
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16. ASSIGNMENT. This Agreement and Your rights and obligations contemplated by it are personal in nature and may not assigned or transferred by You without the advance written consent of an authorized officer of HSG. Despite the foregoing, this Agreement will be binding on and inure to the benefit of the parties' respective successors and permitted assigns.
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