Terms of Use

Effective Date: January 10th, 2020

OVERVIEW

These Terms of Use (“Terms”, “Terms of Use”, or “TOU”) are the terms that govern our relationship with users, visitors, and others, These Terms of Use govern all websites, user features, mobile applications, and other services, which we call the “Pro Game Guides Service” or “Services” regardless of how we provide them or you access them. Throughout the website, the terms “we”, “us” “our” and “Pro Game Guides” refer to Temptalia, LLC.

By using the Pro Game Guides Service you agree to these Terms, including any additional terms and conditions or policies referenced in these Terms, which may also be available by hyperlink. These Terms of Use apply to all Pro Game Guides Service users. The Pro Game Guides Services are designed for those 18 years of age or older. However, users under the age of majority may use the Pro Game Guides Services only with the express consent of a parent or guardian.

Please read these Terms of Use and our Policies carefully before accessing or using our website and before registering on our website.

1. GENERAL CONDITIONS

We reserve the right to refuse, suspend, or terminate your use or access to the Pro Game Guides Service for any reason at any time to protect the integrity and/or safety of our Services or other users. In addition, we reserve the right to terminate or suspend your account if in our sole determination you are in breach of these Terms or any policy, guidelines, or standards associated with the Pro Game Guides Service. If your account is terminated or suspended you may not use a different email to obtain a new account.

You understand that anything you post may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

We work hard to bring you the content on the Pro Game Guides Service. You may not reproduce, copy, sell, resell, duplicate, create derivative works, distribute, exploit, or otherwise make use of any content, materials, or databases from the Pro Game Guides Service without our express written permission. You are permitted to keep information for your own personal, non-commercial purposes.

2. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

While we take steps to ensure that all information created by us for the Pro Game Guides Service is accurate and correct, we’re not perfect. In addition, while information may be accurate and complete at the time of posting, over time it may become dated and no longer reflect the current status. For example, some color palettes may be seasonal or limited edition, prices may change, or brands may discontinue a product. We are not responsible if information made available on this site is not accurate, complete or current at the time you read it. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions.

3. MODIFICATIONS TO THE SERVICE

Throughout the Pro Game Guides Service you may find prices for products. We do not sell any products, but we do provide you with general pricing information which are accurate at the time of posting. Any prices for products shown are subject to change.

We reserve the right at any time to modify or discontinue the Pro Game Guides Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Pro Game Guides Service.

4. THIRD-PARTY LINKS

Certain content, products and services available on the Pro Game Guides Service may include materials from third-parties.

To bring you the best, most up-to-date, and fantastic content, we not only share information from select third parties, but we also partner with certain third-party shopping sites. These third-party links direct you to third-party websites that we do not own or operate. We are not responsible for examining or evaluating the content or accuracy of those sites and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

5. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you would like to share your thoughts on how we can improve the Pro Game Guides Service, including , but not limited to, creative ideas, suggestions, proposals, plans, or other materials, you do so with the understanding that we have no obligation to maintain any content or submission in confidence; to pay compensation for any content or submission; or to respond to any content or submission.

6. COMMENT POLICY

The purpose of the comments’ section is to provide an area for discussion between authors, you, and other users. Discussion and debates are highly encouraged, and disagreements are expected and provide opportunities to create a fuller picture. As certain topics and comments can arouse passionate feelings on either side of the argument, all users and comments must adhere to community guidelines. These guidelines require that users participate in a civil, intelligent, and respectful manner.

Comments which do not add to the conversation (including, but not limited to, advertising, off-site links, and spam) or go on an inappropriate tangent may be edited, moved, or deleted. No personal attacks are permitted in the comments, whether towards the author, other community participants and members, or celebrities. Trolls and trolling comments will be not be permitted. The comments you leave should be constructive, helpful, or insightful–they add value to the conversation. If an otherwise intelligent, well-written comment is accompanied by personal attacks, condescension, ridicule, or other types of snark, it may be subject to modification or deletion. We reserve the right to remove, modify, or delete any comment that we, in our sole discretion, believe is a violation of this Comment Policy or these Terms of Use and we may further limit or block a user’s access to the Pro Game Guides Service.

Comments that contain self-promotion or promotion of other services or websites may be modified or deleted in our sole discretion. Self-promotion is limited to approved ways set forth by Pro Game Guides (such as links to social media accounts for registered users).

Once public, your comment is available for anyone to see and may be shared, copied, indexed, or archived.

Violation of the Comment Policy may result in your comment not being approved, or in limitation, suspension, or termination of your access to the Pro Game Guides Service.

7. PERSONAL INFORMATION

Your submission of personal information through the Pro Game Guides Service is governed by our Privacy Policy.

8. PROHIBITED USES

In addition to other prohibitions provided in these Terms, we request that you refrain from using the Pro Game Guides Service or its content:
for any unlawful purpose;

  • to solicit others to perform or participate in any unlawful acts;
  • to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  • to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • to submit false or misleading information;
  • to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Pro Game Guides

Service or of any related website, other websites, or the Internet;

  • to collect or track the personal information of others;
  • to spam, phish, pharm, pretext, spider, crawl, or scrape;
  • for any obscene or immoral purpose; to interfere with or circumvent the security features of the Pro Game Guides Service or any related website, other websites, or the Internet; or
  • for any commercial use or purpose.

We reserve the right to terminate your use of the Pro Game Guides Service for violating any of these prohibited uses.

9. DISPUTES

ARBITRATION CLAUSE & CLASS ACTION WAIVER

IMPORTANT–PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

Binding Arbitration

i. Either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Pro Game Guides Service shall be finally settled by binding arbitration administered by the Judicial Arbitration and Mediation Services (“JAMS”), or its successor, in accordance with the provisions of its Streamlined Arbitration Rules & Procedures, excluding any rules or procedures governing or permitting class actions.

ii. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

iii. The Commercial Arbitration Rules governing the arbitration may be accessed at www.jamsadr.com or by calling 1.800.352.5267. Under no circumstances shall you be able to recover attorney’s fees. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

Location

Regardless of where you are a resident, arbitration will take place in Maricopa County, Arizona, and you agree to submit to the personal jurisdiction of any federal or state court in Maricopa County, Arizona, to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

Class Action Waiver

You further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and by using the
Pro Game Guides Services you expressly waive your right to file a class action or seek relief on a class basis. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST PRO GAME GUIDES ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception–Litigation of Intellectual Property

Notwithstanding the above section to resolve all disputes through arbitration, Pro Game Guides may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights).

Jurisdiction

For any dispute not subject to arbitration you agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Maricopa County, Arizona. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.

If anyone brings a claim against us related to your actions, content or information on the Pro Game Guides Service you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions and are not responsible for the content or information users transmit or share. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter. We are not responsible for the conduct, whether online or offline, of any user.

THE PRO GAME GUIDES SERVICE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR MEMBERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR THE Pro Game Guides Service, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE Pro Game Guides Service WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, PRO GAME GUIDES’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

10. OTHER

These Terms are an agreement between you and Temptalia, LLC.

  • These Terms, together with all other policies, guidelines, and standards make up the entire agreement between the parties regarding the Pro Game Guides Service, and supersedes any prior agreements, terms, or conditions.
  • If any portion of these Terms are found to be unenforceable, the remaining portion will remain in full force and effect.
  • If we fail to enforce any of these Terms, it will not be considered a waiver.
  • You will not transfer any of your rights or obligations under these Terms to anyone else without our prior written consent.
  • All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, sale of assets, or by operation of law or otherwise.
  • Nothing in these Terms shall prevent us from complying with the law.
  • These Terms do not confer any third party beneficiary rights.
  • We reserve all rights not expressly granted to you.
  • You will comply with all applicable laws when using or accessing the Pro Game Guides Service.

11. CHANGES TO TERMS OF USE

You can review the most current version of the Terms of Use at any time at this page.

Periodically we will update these Terms of Use by posting a notice on this and/or the home page. If you subscribe to our newsletter or have a registered account you may receive a notice through those services. It is your responsibility to check for changes. Your continued use of or access to the Pro Game Guides Service following the posting of any changes to these Terms of Use will be deemed your acceptance of the updated Terms.

12. CONTACT INFORMATION

Questions about the Terms of Use should be sent to us through our contact form.