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Please review carefully the terms and conditions set forth below before using the PowerUpGames.com web site. The terms “You”, “Your”, “User”, or” Users” refer to anyone accessing our services or web site for any reason whether it be a company or individual representing a business (collectively, a “Company”), or a student, community member or a student (“Student”). The terms “We”, “Us”,or “Our” refer to PowerUp Games, Inc. (“PowerUp” or PowerUp Games). The PowerUpGames.com web site is offered to you conditioned on your acceptance of the terms, conditions, restrictions and notices contained herein. PowerUp Games may amend or modify these terms and conditions without notice, effective immediately, by updating this posting. Your use of the PowerUpGames.com web site of access constitutes your agreement to all such terms, conditions, restrictions and notices, as may be modified from time to time.
DESCRIPTION OF SERVICES; WAIVER OF CLAIMS; INDEMNITIES
PowerUp Games offers a wide range of tools, content, products, services, benefits, and other resources on its web site. These services are for use only under a non-exclusive, non-transferable, and non-assignable license under these Terms and Conditions of Use. You do not have the right to copy, sell, or otherwise exploit for any commercial purpose the services or content, in whole or in part, made available on PowerUpGames.com, access to, or use of this service.
Some of the services offered at PowerUp Games may include feedback to questions by Users of this service and/or articles with original content and opinions. Use of this content or links to this content are at the User’s own risk and PowerUp hereby disclaims any liability relating thereto. User understands and agrees to the following:
Some of the content provided at PowerUp Games may relate to various subjects such as information pertaining to legal matters, financial matters, technical matters, and other matters for which the content of is provided in an advisory nature. This information is provided solely for entertainment, informational and general non-advisory purposes. If desired, Users should use their own efforts to confirm such information with a professional(s) in the pertinent field(s). All of the information that PowerUp Games provides should not be considered advice for professional, medical, legal, technical, or any other purpose.
PowerUpGames.com is a dynamic time-sensitive web site. As such, the information on PowerUpGames.com will be changed frequently. It is possible that some information could be considered offensive, harmful, or inaccurate, and in some cases may be mislabeled or deceptively labeled accidentally by PowerUp Games or accidentally or purposefully by a third-party, regardless of whether such third parties are with or without a legitimate business purpose. PowerUp hereby disclaims any liability relating thereto.
PowerUp Games provides unmonitored access to third-party content. PowerUp Games is only acting as a venue and/or portal, and accordingly disclaims any liability based on, or related to, the third-party content on PowerUp Games, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline. This web site may contain links to third-party web sites. PowerUp Games does not control nor always review the web sites to which we link from PowerUp Games. We, therefore, cannot endorse the content, products, services, practices, policies, or performance of the web sites we link to or from PowerUp Games. Accordingly, Users should not treat any link as such an endorsement or acceptance of veracity or value by PowerUp.
PowerUp Games does not have the resources to nor does it undertake any obligation to, control, research, verify, validate, or approve the content that is received or viewed on its web site. The User hereby acknowledges and agrees that PowerUp is effectively a middleman bringing Companies and Students together for providing and receiving non-professional services. Accordingly, PowerUp is not promising or committing to any specified quality standards, marketing methods, Usability methods, testing coverage, maturity, quality measurements, methods to conduct surveys or any another defined methods or results (collectively, ” Standards”). You hereby waive any and all legal claims against PowerUp in connection with such Standards. We expect that the User will undertake necessary activities and practices and will use caution and common sense when using PowerUp Games website.
You hereby agree and acknowledge that PowerUp Games shall not be liable for any damages to your software/application from using the PowerUp Games services and your use of PowerUpGames.com is hereby conditioned upon such agreement and acknowledgement. The service is being provided on an “as-is” basis without warranties of any kind, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose. By using the PowerUp service, Companies and Students hereby fully indemnify PowerUp from and against any third-party claims (including, but not limited to, intellectual property infringement claims) relating to ownership of or use of a company’s application or software hereunder.
PowerUp Games shall have absolute discretion as to whether or not it accepts a particular Company or Student for participation in the service.
Companies: PowerUp Games’ web site is available only to individuals who can form legally binding contracts under applicable law. The ability to schedule projects to use the services of this web site is not available to persons who are unauthorized to legally bind their Companies. If Users are not eligible, they cannot legally add any projects or use any of PowerUp Games’ services but are permitted to help manage or get feedback from projects that have been schedule by a person with the authorization to legally bind their company.
Students: PowerUp Games’ web site is available to individuals who can form legally binding contracts under applicable law. If Minors wish to participate, they must have the permission of their parents or guardians on file to be eligible. Permission slips should be filled out and mailed to PowerUp Games corporate office.
REMOVAL FROM NETWORK; ADDITIONAL LEGAL TERMS AND RESTRICTIONS
PowerUpGames reserves the right to terminate the participation of any Company or Student without reason, including but not limited to any Company or Student that PowerUp believes to be in violation of these Terms and Conditions. A User’s failure to pay any amounts due to PowerUp Games shall result in immediate termination of participation and PowerUp may additionally pursue its legal rights and remedies to the fullest extent of the law.
Companies and Students in violation of PowerUp Games’ Terms and Conditions will be immediately deactivated with or without prior notification. A Company or Student found in violation of these Terms and Conditions, as determined by PowerUp Games in its sole discretion, will not receive any credit or payment from PowerUp Games as a result.
Users are prohibited from advertising on PowerUp Games.com. Any URL, email address or other method of contact posted in a project description, or the message board, must relate to a project on PowerUp Games.com.
1. Users (Companies and Students) will not use any automated collection mechanism or any manual process to monitor or copy the web pages comprising the PowerUpGames