At no time and under no event shall Allstarcade, it’s officers, agents, employees, creditors, parent company, or owners be liable for any consequential, punitive, incidental, multiple, physical or fiscal damages of any kind. Allstarcade is not responsible for misuse or illegal use of software (original or copied) and/or the computer supplied; nor is Allstarcade responsible for physical injuries to body(s), physical property(s) [including, but not limited to, dwelling(s), furnishings, etc.] or any other item(s) of worldly or spiritual significant, value, importance or worth. Every Allstarcade product is to be used by consumer and user(s) at own risk. User agrees to defend, indemnify, and hold harmless Allstarcade, its contributors, any entity jointly created by them, their respective affiliates and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the product.
These Terms of Service constitute the entire agreement between you and Allstarcade and govern your use of the Service, superseding any prior agreements between you and Allstarcade. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Allstarcade’s failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. Allstarcade will not be responsible for failures to fulfill any obligations due to causes beyond its control.
Allstarcade’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Disclaimer of Duty to Continue Provision of the Data
Due to the dynamic nature of the Internet, resources that are free and publicly available one day may require a fee or restrict access the next, and the location of items may change as menus, homepages, and files are reorganized. User expressly agrees that use of the Sites are at the user’s sole risk. Neither Allstarcade nor any entity jointly created by them, any of their affiliates, or any of their respective directors, officers, employees, agents, third party content providers or licensers warrants that the service will be uninterrupted or error free.
Although the information and recommendations at these internet sites are presented in good faith and believed to be correct, Allstarcade makes no representations or warranties as to the completeness or accuracy of the information. Allstarcade does not warrant the accuracy or timeliness of the materials on these sites and has no liability for any errors or omissions in the materials.
Allstarcade’s only obligations are those in the Standard Terms and Conditions and in no case will Allstarcade be liable for any incidental, indirect, or consequential damages arising from the sale, resale, use, or misuse of its products.
Allstarcade does not promise that the sites or any content, service or feature of the sites will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the sites will provide specific results. The sites and their content are delivered on an “as-is” and “as-available” basis. All information provided on the sites are subject to change without notice. Allstarcade cannot ensure that any files or other data you download from the sites will be free of viruses or contamination or destructive features. Allstarcade disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. Allstarcade disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the sites and/or any Allstarcade services. You assume total responsibility for your use of the sites and any linked sites. Your sole remedy against Allstarcade for dissatisfaction with the sites or any content is to stop using the sites or any such content. This limitation of relief is a part of the bargain between the parties.
By using the Sites, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Sites may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Allstarcade reserves the right to change or update, without notice, any information contained on the Sites; to change, without notice, the design, construction, materials, processing, or specification of any products; and to discontinue or limit production or distribution of any products. Infrequently, data may be inaccurately displayed on the Sites due to system errors. Allstarcade reserves the right to correct any and all occurrences of errors and will not be required to honor inaccurate or erroneous prices. The materials on the Sites with respect to products and services may be out of date, and Allstarcade makes no commitment to update the materials on the Sites with respect to such products and services. Allstarcade may make changes to any products or services offered on the Sites, or to the applicable prices for any such products or services, at any time, without notice.
Although the Sites are accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Sites are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Allstarcade reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Sites are void where prohibited. If you choose to access the Sites from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
You agree to indemnify and hold Allstarcade, its officers, directors, owner, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Allstarcade by any third party due to or arising out of or in connection with your use of the Sites. Except where prohibited by law, in no event will Allstarcade be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Allstarcade has been advised of the possibility of such damages.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Links to Other Sites and to the Allstarcade Sites
These Sites may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Allstarcade’s control, and Allstarcade is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Certain content, Products, and services available via the Service may include materials from third parties. In addition, Allstarcade may provide links to certain third party Web sites. You acknowledge and agree that Allstarcade is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. Allstarcade does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or Web sites, or for any other materials, products, or services of third parties. Links to other Web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that Allstarcade is not in any way responsible for any such use by you.
Links from the Sites on the World Wide Web to other sites, or from other sites to the Sites, do not constitute an endorsement by the Sites or Allstarcade. These links are for convenience only. It is the responsibility of the user to evaluate the content, usefulness, and legality of information and software obtained from other sites.
With respect to links available from the Sites, neither Allstarcade nor any of its employees, makes any warranty, express or implied, including the warranties of merchantability and fitness for a particular purpose, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights. It is the user’s sole responsibility to insure any software used on an Allstarcade product is not in violation of the law.