The Speaking Rock Player Rewards software application and the Speaking Rock Player Rewards Site (as defined herein) (collectively, the "Services") are provided bySpeaking Rock Player Rewards ("Speaking Rock Player Rewards", "we"or "us"). As used in these Speaking Rock Player Rewards Terms and Conditions (these"Terms and Conditions"), you"" or "your" refers to you as a user of the Services
These Terms and Conditions are legally binding agreements. Please read them carefully before using or accessing the Services. By registering an account on the Rewardsgamedemo.com website (together with any successor website, the "Speaking Rock Player Rewards Site"), or by otherwise using or accessing the Services, you acknowledge and agree that:
(i) you have read and understand all of the provisions set forth in these Terms and Conditions;
(iii) you are at least eighteen (18) years of age;
(iv) you have the right, authority and capacity to enter into these Terms and Conditions and to abide by all of these Terms and Conditions;
(v) you are a resident of one of the fifty (50) states of the United States, or a resident of Washington D.C. or Puerto Rico;
(vi) you are a private individual user and understand that the Services are offered exclusively to private individual users and not to any commercial or semi-commercial entities; (vii) upon request by Speaking Rock Player Rewards, in its sole discretion, and on a case-by-case basis, you may be required to provide photographic identification (i.e. driver’s license) to verify your identity before or after Speaking Rock Player Rewards accepts any of your orders for purchases; and
(viii) these Terms and Conditions are the legal equivalent of a signed, written contract between you andSpeaking Rock Player Rewards.
If you do not meet any of the eligibility criteria listed above or are not willing to be bound by theseTerms and Conditions, do not register an account with Speaking Rock Player Rewards and discontinue any use or access of the Services immediately.
Your right to use or access the Services is limited solely to a limited, non-exclusive, non-transferable and freely revocable license to use and access the Services for entertainment purposes only. All rights not expressly granted to you in these Terms and Conditions are expressly reserved bySpeaking Rock Player Rewards and there are no implied rights or licenses granted under these Terms and Conditions. All rights and licenses granted to you in these Terms and Conditions are expressly conditioned on your continued compliance with these Terms and Conditions.Speaking Rock Player Rewards employees and contractors, and their respective family members (defined as parents, spouses (including domestic partners), siblings and children) and any other persons residing in the same household as a Speaking Rock Player Rewards employee or contractor, may not under any circumstances use or participate in the Services. You may not participate in the Services in collusion with any other user or person.Speaking Rock Player Rewards reserves the right, at any time and in its sole discretion, to permanently close the Account (as defined herein) of any user suspected of collusion or any other activity prohibited under these Terms and Conditions.
You will be required to register with Speaking Rock Player Rewards before you may participate (as defined herein). In connection with the registration process, an account will be created in your name ("Account") and you will select a user name and password for use in accessing the Services. You may have only one (1) Account with Speaking Rock Player Rewards. A valid physical address (P.O. boxes or similar addresses are not permitted) will be required. You are expressly prohibited from creating any additional or duplicate accounts. Speaking Rock Player Rewards reserves the right to void wins, in its sole discretion, determines were won through the use of an additional or duplicate account in violation of theseTerms and Conditions. You must not provide misleading information when registering.
You will use your Speaking Rock Player Rewards user name and password to access the Services. By logging into the Services or using your Speaking Rock Player Rewards user name and password in order to access the Services, you represent and warrant that you are authorized to use such user name and password and to use and access the Services. You are solely responsible for the use of your user name and password and for maintaining the confidentiality of your user name and password, as well as for any activities conducted using your user name and password. Your chosen user name must not be offensive, rude, disparaging or intended to deceive other users of the Services. Your user name may not advertise for other websites or services or otherwise violate the Intellectual Property Rights (as defined herein) of any third party. If we receive information or become aware that your user name is illegal or in breach of these Terms and Conditions, your Account may be disabled, suspended or terminated.
YOU AGREE THAT ACCESS TO THE SERVICES IS EXPRESSLY LIMITED TO THE NAMED USER ON THE ACCOUNT ONLY. YOU MAY NOT, UNDER ANY CIRCUMSTANCES, ALLOW YOUR USER NAME OR PASSWORD TO BE USED BY ANY OTHER PERSON. YOU FURTHER AGREE THAT, IN THE EVENT OF ANY VIOLATION OF THE PROVISIONS OF THIS SECTION 2, WE HAVE THE RIGHT (IN ADDITION TO ALL OTHER RIGHTS OR REMEDIES THAT WE MAY HAVE AT LAW OR UNDER THESE Terms and Conditions) TO COLLECT, AND YOU WILL PAY IMMEDIATELY UPON DEMAND, AN AMOUNT EQUAL TO ONE THOUSAND AND NO/100 DOLLARS ($1000) PER VIOLATION AS A REASONALBLE ESTIMATE OF THE DAMAGES INCURRED BY Speaking Rock Player Rewards(THE AMOUNT OF WHICH COULD NOT OTHERWISE BE REASABLY ASCERTAINED).
Speaking Rock Player Rewards reserves the right, in its sole discretion, to temporarily or permanently suspend or terminate your Account, without prior notice or liability, in order to maximize participation or in response to a suspected or confirmed violation of these Terms and Conditions, any laws, or the rights of any other users or third parties. Examples of unauthorized usage include, without limitation, the use of unauthorized third party tracking software, the creation of multiple accounts or other fraudulent or collusive activity or behavior. You agree that if Speaking Rock Player Rewards, in its sole discretion, determines that you have breached or violated any of these Terms and Conditions, thatSpeaking Rock Player Rewards may terminate your Account immediately and without notice, and you shall have no right to use the Services at any time in the future, unless otherwise authorized in writing bySpeaking Rock Player Rewards.
You may not register under a false name or with an invalid credit card. Such fraudulent conduct is an express violation of these Terms & Conditions, as well as federal and state laws. Fraudulent activities may be reported to relevant state and federal law enforcement agencies. If Speaking Rock Player Rewardssuspects that you are engaging in fraudulent actives, it reserves the right, in its sole discretion, to temporarily suspend your account, or permanently terminate your account.
Speaking Rock Player Rewards provides no guarantee of the constant and uninterrupted availability of the Speaking Rock Player Rewards Site or any technical systems relating to the Services.Speaking Rock Player Rewards shall not be liable for any damage incurred by you or any other users or any third parties arising from any use of the Services. In particular, Speaking Rock Player Rewardsshall not be liable for any damage that occurs or arises due to system outages on the network or computer you use to access the Speaking Rock Player Rewards site or system, not being received, processed or applied promptly, or not being considered as a consequence of technical or other errors.
Except as explicitly provided in these Terms and Conditions, all right, title and interest in and to the Services (including any software or code used in connection with the operation thereof) and all Intellectual Property Rights in and to the Services, are the property of Speaking Rock Player Rewards or its affiliates. Except as permitted by these Terms and Conditions, you will not copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, disclose, publicly perform, publicly display, mirror, frame, create derivative works of, reverse engineer, decompile or disassemble, or use any aspect of the Services, in whole or in part, in any form or by any means.
As used in these Terms and Conditions, "Intellectual Property Rights" refer to all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights (and associated goodwill), trade secret rights and all other intellectual property and proprietary rights that may exist or that may hereafter come into existence, and all applications for any of these rights and registrations, renewals and extensions of any such rights, in each case under the laws and regulations of any state, country, territory or other jurisdiction.
Any information, suggestions, feedback, ideas, comments and other materials that you may disclose or offer to us through or in connection with your use of the Services (collectively, "Submissions") are submitted without any restrictions or expectation of confidentiality. You hereby assign toSpeaking Rock Player Rewards without compensation or further obligation, all rights now known or hereafter existing to use, allow others to use, or assign the right to use, the Submissions. You further agree that your Submissions may be used without restriction for any purpose whatsoever, commercial or otherwise, without compensation to you, including the right to use, reproduce, modify, adapt, publish, transmit, publicly perform or display, translate, create derivative works from, or otherwise communicate to the public the Submissions. You will not assert any proprietary right or moral right of any kind or nature with respect to any Submissions.
IF YOU RELY ON THE SERVICES, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES OR OTHER PROBLEMS WITH THE SERVICES. THE SERVICES ARE PROVIDED TO YOU ON AN "AS-IS, WHERE-IS" BASIS AND NEITHER WE NOR ANY OF OUR AFFILIATES OR AGENTS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, SUITABILITY, ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY INFORMATION, MATERIALS OR OTHER CONTENT PROVIDED OR OTHERWISE MADE AVAILABLE AS PART OF THE SERVICES (OR OF THE SERVICES GENERALLY), OR THAT THE SERVICES OR THE Speaking Rock Player Rewards SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Speaking Rock Player Rewards HEREBY DISCLAIMS ANY AND ALL LIABILITY FROM CLAIMS ARISING FROM PURCHASES MADE FROM Speaking Rock Player Rewards. Speaking Rock Player Rewards SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR INJURIES OF ANY TYPE OR NATURE THAT OCCUR OR THAT ARE RECEIVED FROM ANY PRODUCT PURCHASED OR WON ON OR THROUGH Speaking Rock Player Rewards. Speaking Rock Player Rewards MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS PURCHASED OR WON THROUGH THE SERVICES, OR WITH RESPECT TO ANY ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOU AGREE THAT Speaking Rock Player Rewards SHALL NOT BE LIABLE FOR PERSONAL INJURY OR ANY PROPERTY DAMAGE RESULTING FROM THE USE, IMPROPER HANDLING, MODIFICATION OR MISUSE OF ANY PRODUCTS OBTAINED BY YOU OR ANY OTHER PERSON THROUGH THE SERVICES. IN NO EVENT SHALL Speaking Rock Player Rewards BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES RELATING TO ANY CLAIM THAT YOU OR ANY USER MAY MAKE FOR ANY BREACH OF WARRANTY OR SIMILAR CLAIM WITH RESPECT TO ANY PRODUCT THAT MAY BE ACQUIRED THROUGH THE SERVICES.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS US, OUR AFFILIATES, OUR SERVICE PROVIDERS AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, PRINCIPALS (PARTNERS, SHAREHOLDERS OR HOLDERS OF AN OWNERSHIP INTEREST, AS THE CASE MAY BE), EMPLOYEES, OWNERS, REPRESENTATIVES, AGENTS AND LICENSEES, AGAINST ANY AND ALL CLAIMS, JUDGMENTS, LOSSES, DAMAGES, DEMANDS, PAYMENTS, FINES, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEE AND COURT COSTS), LIABILITIES AND RECOVERIES OF WHATEVER NATURE, THAT ARISE OUT OF (A) YOUR USE OF OR ACCESS TO THE SERVICES; (B) ANY NEGLIGENCE OR WILLFUL MISCONDUCT ON YOUR PART; OR (C) YOUR BREACH OF ANY REPRESENTATION, WARRANTY, COVENANT OR OTHER AGREEMENT OR OBLIGATION SET FORTH IN THESE Terms and Conditions.
UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF OR RELIANCE UPON THE SERVICES, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF WE OR THEY ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES AND AGENTS, IF ANY, ARISING OUT OF A LEGAL CLAIM OF ANY KIND RELATING TO THE SERVICES OR THESE Terms and Conditions WILL NOT EXCEED FIVE HUNDRED AND NO/100 DOLLARS ($500).
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
We may change or modify these Terms and Conditions from time to time. By continuing to use or access the Services following our posting of such changes or modifications, you agree to be bound by these Terms and Conditions, as they may be modified from time to time. We reserve the right to change, restrict access to, suspend or discontinue the Services or any portion thereof at any time, without any liability or obligation.
These Terms and Conditions and the Official Rules (as defined herein) will be governed and construed in accordance with the internal laws of the State of Georgia, without regard for its conflict of law principles. By using or accessing the Services, you hereby irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in Fulton County, Georgia for all disputes, causes of action and claims that you may bring or initiate that arise out of or relate to the Services, these Terms and Conditions, the Official Rules or the game promotion described below, and you hereby waive any objections to the laying of venue in such forum.
ANY LEGAL OR OTHER PROCEEDING COMMENCED BY OR ON YOUR BEHALF UNDER THESE Terms and Conditions SHALL TAKE THE FORM OF AN INDIVIDUAL ACTION OR PROCEEDING (AND NOT OF A CLASS ACTION OR PUTATIVE CLASS ACTION OR OF A COLLECTIVE, REPRESENTATIVE OR OTHER SIMILAR ACTION OR PROCEEDING). CLASS ACTIONS OF ANY KIND (WHETHER PURSUED THROUGH THE COURTS ARE OTHERWISE) ARE NOT PERMITTED. YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BRING CLAIMS AGAINST US AND OUR AFFILIATES AND RELATED PARTIES ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING. BY USING OR ACCESSING THE SERVICES, YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR OTHER SIMILAR REPRESENTATIVE ACTION OR PROCEEDING.
Our failure to enforce any right or provision set forth in these Terms and Conditions will not be deemed a waiver of such right or provision. In the event that any provision set forth in these Terms and Conditionsor in the Official Rules is held to be invalid or unenforceable, then that provision will be limited in order to eliminate the associated defect, and the remaining provisions of these Terms and Conditions or the Official Rules, as the case may be, will remain in full force and effect.