Terms and conditions

General Terms and Conditions

Further to your interest in a membership or tenancy agreement at HOST, please find set out below the terms and conditions for the grant of an occupational agreement:

1.1. While a member of HOST Salford, you will have secured-entry access to the Coworking Space and use of the office equipment and furniture located therein (the “Equipment”). Reasonable use of electricity and wireless internet are also included. Other services provided to you, if any, are set out in your Membership or tenancy agreement Plan.

1.2. You must at all times follow all HOST policies and procedures, as amended from time to time (the “Policies”) and follow the directions of the staff regarding safety and security issues. You agree to treat all staff and other members with respect and courtesy.

1.3. The Coworking Space includes common areas, private offices, and meeting rooms. The meeting rooms may be booked as set out in the Policies. It is your responsibility to book meeting rooms as required. We make no guarantees that meeting rooms will be available at any given time.

1.4. We reserve the right to amend the Policies from time to time and at our sole discretion. We will notify you of any changes in writing and prior to such changes taking effect.

1.5. This Agreement grants you a license to access and use the Coworking Space and Equipment. This Agreement does not grant you a lease, tenancy, or any other ownership rights over the Coworking Space or Equipment or any part thereof. Your membership or tenancy agreement does not create a relationship of employment, partnership, agency or joint venture with us.

1.6. You agree to pay to us all fees on the terms set out in your Membership or tenancy agreement Plan.

2. Term and Termination

2.1. Your membership or tenancy agreement will begin as of the date of this Agreement and will continue on a month-to-month basis until this Agreement is terminated as provided below.

2.2. Either you or us may terminate this Agreement at any time on at least one month’s written notice to the other party, or as otherwise provided in your applicable membership or tenancy agreement plan, the terms of which are incorporated by reference into this Agreement (the “Membership or tenancy agreement Plan”). We may terminate this Agreement immediately and without notice, if you breach this Agreement or act in any way that is, in our sole discretion, offensive to or endangers the well-being of our staff or other members.

3. Disclaimers

3.1. We will do our best to fix any problems with the Coworking Space or Equipment; however, we explicitly disclaim all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, and fitness for a particular purpose, title and non-infringement.

3.2. You acknowledge that your workspace in the Coworking Space may be visible to other members or the public. It is your responsibility to keep your confidential information private. We make no guarantees that third parties will not see, use, or disclose your confidential information.

3.3. We are not responsible for loss or damage to any personal property brought into or left at the Coworking Space. You are strongly encouraged to carry insurance that covers your personal equipment while using the Coworking Space.

3.4. You understand that you and your work may be photographed while using the Coworking Space. You agree to allow such photos, videos or film likeness to be used for any legitimate purpose by us, and our respective producers, sponsors, organizers and/or assigns, at our discretion. You hereby waive all claims of ownership, income, editorial content, and use of such media, and assign all copyright ownership to us.

4. Limitation of Liability

4.1. You acknowledge that you are using the Coworking Space and Equipment at your own risk. You further acknowledge you may have access to the Coworking Space and Equipment at times when there is no HOST staff present. You assume all risks associated with using the Coworking Space at any time. In no case will we, or our shareholders, officers, directors, employees, or other partners, be liable for any damages whatsoever, including direct, indirect, incidental, punitive, special, consequential or exemplary damages, in connection with, or otherwise resulting from, any use of the Coworking Space and Equipment, even if we have been advised of the possibility of such damages.

4.2. You will indemnify, defend, protect and hold us and our shareholders, officers, directors, employees, and other partners harmless from and against all claims, losses or other amounts of whatever nature, and including reasonable legal fees, arising out of your use of the Coworking Space and Equipment.

5. General

5.1. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect its original intentions and the remainder of the provisions will remain in full force and effect.

5.2. This Agreement will not be amended except as provided herein or by the written consent of both parties.

5.3. This Agreement constitutes the entire understanding and agreement between the parties and there are no covenants, representations, warranties or agreements other than those contained or specifically preserved under the terms of this Agreement.

5.4 The waiver by a party of a breach, default, delay or omission of any of the provisions of this Agreement by the other party will not be construed as a waiver of any subsequent breach of the same or other provisions.

1 HOST SOCIAL & GAMETECH – VENUE HIRE AGREEMENT CONDITIONS:

1. Interpretation

1.1 In this Contract, the following words and expressions shall have the following:

Business Day: a day other than a Saturday, Sunday, or public holiday in England, when banks in London are open for business.

Charges: the charges payable by the Customer for the hire of the Venue and the supply of the Services, as set out in the Hire Details.

Contract: the contract between the Customer and HOST for the hire of the Venue and supply of the Services in accordance with the Hire Details, and these Venue Hire Conditions and any Schedules or documents referred to therein. Gametech hires includes GGCircuit Appendix

Deposit: the deposit to secure the booking, as stated in the Hire Details.

Event: the event or function for which the Customer is hiring the Venue, as specified in the Hire Details.

Events Team: the staff at HOST that manage HOST Social and events at HOST.

Hire Period: the period of time agreed for the hire of the Venue as described in the Hire Details, to include any period of time to set up and clear the Venue.

Services: the supply of the Venue, and where applicable the provision of catering services and consumables at the Event as specified in the Hire Details.

Venue: the property, or area or rooms within the property, to be hired by the Customer, as specified in the Hire Details.

1.2 A reference to legislation or a legislative provision is a reference to it as amended, extended, or re-enacted from time to time. A reference to legislation or a legislative provision includes all subordinate legislation made from time to time under that legislative or legislative provision.

1.3 Any words following the terms including, include, in particular, for example, or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

2. Confirmation of hire

2.1 This Contract shall come into effect on the later of the date of the Contract or the deposit received by HOST. The booking shall be treated as provisional until the Deposit has to been paid to HOST in cleared funds by the Customer and the signed contract returned to HOST.

2.2 Venue bookings shall be held provisionally for 10 calendar days following initial enquiry, or if such time is not available before the date of the Event, for a maximum of 48 hours. After this time, or if in the event that HOST does not receive payment of the Deposit within the time request by HOST, then HOST reserves the right to release the provisional booking.

2.3 Supply of services

2.4 HOST shall supply the Services to the Customer during the Hire Period, subject to any specific timings agreed in writing by the parties before the Event.

2.5 HOST shall:

(a) perform the Services with reasonable care and skill;

(b) comply with all applicable laws, statutes, and regulations from time to time in force;

2.6 HOST has the sole right to provide the Services at the Venue. Catering options are available to book directly from HOST through the Members Platform or direct with the Events Team.  The Customer must contact the Events Team directly should additional catering requirements be required. Any catering at the Venue must be provided through HOST’s approved catering supplier. The Customer must not use any third-party caterers.

2.7 The Customer must not bring or consume (or permit any of its guests to bring or consume) any food or drink (including alcoholic drinks) into the Venue without the prior written consent of HOST. If HOST consents to the consumption of the Customer's own beverages at the Venue, a corkage charge shall apply as set out in HOST's published price list in force at the date of this Contract.

2.8 Licence and use of Venue

2.9 Subject to clause 6, HOST grants the Customer a right for the Hire Period to enter and use the Venue for the Event in accordance with the terms of this Contract. The Customer acknowledges that:

(a) the Customer shall have the right to enter and use the Venue as a licensee only and no relationship of a landlord and tenant is created between HOST and Customer by this agreement; and

(b) HOST retains control, possession and management of the Venue and the Customer has no right to exclude HOST from the Venue. HOST reserves the right to enter the Venue at all times during the Hire Period, including to supply the Services.

2.10 The Customer agrees and undertakes:

(a) not to use the Venue other than for the Event;

(b) not to do or permit to be done anything on the Venue which is illegal or which may be or become a nuisance (whether actionable or not), annoyance, inconvenience, or disturbance to HOST or to any other customers of HOST, or any owner or occupier of neighbouring property. The Venue has various spaces available for multiple bookings by different clients at any time. Each client is to be respectful of other users on the 7th floor to allow all bookings to run smoothly for each user. Unless specified on your booking the client does not have exclusive use of the 7th-floor facilities;

(c) to adhere to the Hire Period access times to ensure a prompt exit is made at the end of your booking.  Access the Venue outside of your allocated booked time slot has to be agreed in advance in writing and may result in additional charges;

(d) to comply (and ensure that its staff and agents comply) with the terms of this Contract and any instructions or notices from HOST, and use reasonable efforts to ensure that any guests or other persons present at the Event so comply;

(e) to permit HOST to search all containers, bags, boxes, and equipment coming into or leaving the Venue, including those brought onto the Venue by guests during the Hire Period;

(f) to not exceed the room capacity of the Venue (and accepts that its event may be terminated if this occurs). 

(g) not to cause or permit to be caused any damage to the Venue, including any furnishings, equipment, or fixtures at the Venue;

(h) not to smoke or permit smoking (including e-cigarettes) anywhere in the Venue;

(i) not to fix any bolts, nails, tacks, screws, adhesives, tape or other, such fixing devices to the walls or fabric of the Venue;

(j) not to display any advertisement, signboards, flag, banner, placard, poster, signs, or notices at the Venue without the prior written consent of HOST;

(k) not to alter, move or interfere with any lighting, heating, power, cabling or other electrical fittings or appliances at the Venue, or install or use additional heating, power, cabling or other electronic fittings or appliances without the prior written consent of HOST;

(l) not to allow any explosive material or any highly flammable substance whatsoever or any goods of a hazardous nature.

(m) to comply with any requirements relating to fire certificates or fire regulations, including notification of the procedures required in the event of an evacuation.

(n) to leave the Venue in a clean and tidy condition and to remove the Customer's decorations, displays and any other Customer equipment from the Venue at the end of the Hire Period;

(o) not to bring or permit to be brought any animal onto the Venue without the prior written consent of HOST, with the exception of assistance dogs within the meaning of the Equality Act 2010;

In the event of damage to the Venue caused by the Customer or its guests, the Customer shall indemnify and pay to HOST the cost of making good any damages to the Venue.

2.11 Any decorative materials brought onto the premises must comply with Fire Protection Regulations (and HOST may request proof of this).

2.12 Car parking facilities are not provided by HOST. There are nearby carparks for use by guests and customers within the MediaCityUK campus and charges will apply.

2.13 The Customer shall ensure that the guests behave in a responsible and safe manner at the Venue, and HOST reserves the right to remove or request that the Customer remove guests that do not do so from the Venue.

2.14 The Customer confirms that it has provided an accurate description to HOST of the reasons for the booking of meeting rooms or any public area. If HOST discovers that the reason for the booking does not reflect the information it has been given and deems that the event would prejudice the reputation of HOST, its operators or present a conflict of interest (for example the reason for the booking is party political in nature, or relates to gambling, tobacco or any other subject matter which HOST deems to be inappropriate or unethical), HOST reserves the right to cancel or end the booking.

2.15 If the Customer wishes to use the HOST name or logo on any materials in relation to an Event hosted at the Venue, the Customer must request written permission by HOST before use. Any misuse or misrepresentation of the HOST name or logo may result in termination of the booking Technical Equipment

2.16 The Customer is welcome to use their own equipment for the purposes of their event as long as it is in agreement with HOST. It is the Customer’s responsibility to safely bringing and storing any equipment or personal belongings on HOST’s premises. HOST shall not be liable for any loss or damage.

2.17 If the Customer wishes to bring and use any electrical equipment into the Venue, it shall inform HOST in advance, and shall confirm that a PAT certificate would be available if requested. Installation of any electrical equipment not belonging to The Landing shall require HOST’s permission. HOST will not be liable for any claim arising from the use of this equipment and reserves the right to claim for any damage to the Venue (including any HOST electrical installations) resulting from such installations or use.

2.18 Where any equipment is brought in or hired and installed for an Event for use at the Venue by the Customer from a third party, the Customer shall be liable for any third-party claims or expenses arising from or in connection with this including damage to such equipment.

2.19 The Customer may use their own data equipment through the use of HOST’s data lines with the prior written permission of HOST. The Customer shall not attempt to make use of or attempt to access HOST’s internal network system. A fee may be levied for the use of HOST’s data transportation systems.

2.20 Where HOST is not responsible for reasonable delays caused by technical equipment, the Client is not entitled to delay or withhold payment.

2.21 The Customer shall remove its equipment (and make arrangements for the removal of any equipment supplied by third parties) immediately after the event unless otherwise agreed with HOST. HOST may charge if it is left to store or transport any equipment not removed by the Customer. Interruption of any future events by equipment left on the premises may incur an additional charge. The Customer shall be responsible for the removal of any third-party equipment.

2.22 The Client (and/or any third-party supplier of equipment) must have and may be asked to produce proof of insurance in respect of any equipment it brings onto the Venue at any time prior to the event.

Music terms and conditions

2.23 The Customer shall provide HOST with contact details for any entertainment acts once confirmed by the Customer in advance of the event.

2.24 Any live entertainment booked through a third party must adhere to HOST’s policy regarding music level and license times, otherwise, music may be terminated by HOST during the event. Please note that at all times, music levels will be monitored by HOST management.

2.25 All entertainment acts must provide a copy of their public liability insurance (to the value of £3 million cover) prior to the event.

3. Guest numbers and dietary information

3.1 The Hire Details indicate the guaranteed minimum number of guests attending the Event.

3.2 The Customer shall confirm the final catering numbers at least 14 Calendar Days before the Event or when the Event is confirmed as booked by the Events Team, if a shorter booking period has been accepted. Charges for the Services will be calculated on the final catering number or the number actually attending, whichever is the greater. Where the final catering numbers are less than the guaranteed minimum number of guests specified in the Hire Details, the Customer shall pay the Charges based on the guaranteed minimum number.

3.3 Special dietary requirements should be notified to HOST no later than 7 Calendar before the Event or if on booking the Event if a shorter period has been accepted by the Events Team. Provision of special dietary requirements is included within the Charges.

4. Charges and payment

4.1 The Customer shall pay the Charges in accordance with this clause 4.

4.2 The Deposit shall be made payable by the Events Team. The Customer shall pay the Deposit via debit/credit card or bank transfer as follows:

(a) If the Event is less than 30 days away from the date of this contract: 100% of the Chagres shall be payable immediately of HOST’s invoice; or

(b) If the Event is more than 30 days away from the date of this contract: 50% of the Charges shall be payable immediately of HOST’s invoice, and the unpaid balance of Charges shall be payable no later than 30 days prior to the Event.

4.3 If the Customer needs to change numbers, timings or equipment, the Charge will be reassessed according to the Client’s change of arrangements.

4.4 HOST may issue a demand after the Event for any further Charges due. Such Charges may include those payable for any final alterations to the Services, or for guests attending the Event in excess of the number estimated by the Customer pursuant to clause 3.2. Such Charges shall be immediately payable by the Customer on receipt.

4.5 All amounts payable by the Customer exclude amounts in respect of value-added tax (VAT), which the Customer shall additionally be liable to pay to HOST at the prevailing rate (if applicable), subject to receipt of a valid VAT invoice.

4.6 [If the Customer fails to make any payment due to HOST under the Contract by the due date for payment, then, without limiting HOST's remedies under clause 6, the Customer may be subject to paying interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%.

4.7 All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

5. Liability

5.1 It is recommended that the Customer obtains insurance cover in respect of all risks which may be incurred by the Customer arising out of the Event.

5.2 The restrictions on liability in this clause 5 apply to every liability arising in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution, deliberate fault or otherwise.

5.3 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:

(a) death or personal injury caused by negligence; and

(b) fraud or fraudulent misrepresentation.

5.4 Subject to clause 5.3, HOST shall not be liable for:

(a) the death of, or injury to, the Customer or that of the Customer's employees, contractors or any other guests or invitees to the Venue; or

(b) damage or theft of any property of the Customer or that of the Customer's employees, contractors, or other guests of invitees to the Venue.

5.5 Subject to clause 5.3 and clause 5.4, HOST's total liability to the Customer shall not exceed the cost of the total Charges payable.

5.6 HOST shall not be liable to the Customer for the following types of loss:

(i) loss of profits;

(ii) loss of sales or business;

(iii) loss of agreements or contracts;

(iv) loss of anticipated savings;

(v) loss of use or corruption of software, data, or information;

(vi) loss of or damage to goodwill; and

(vii) indirect or consequential loss.

5.7 Unless the Customer notifies HOST that it intends to make a claim in connection with this Contract within the notice period, HOST shall have no liability for that claim. The notice period for a claim shall start on the day on which the Customer became, or ought reasonably to have become, aware of the incident giving rise to the claim and shall expire two months from that date. The notice must be in writing and must identify the incident and the grounds for the claim in reasonable detail.

6. Cancellation

6.1 HOST may cancel the Contract with immediate effect by giving the Customer or Customer's authorized representative notice in writing if:

(a) the Customer fails to pay any amount due under the Contract on the due date for payment and such payment remains outstanding for 10 days or prior to the Event date;

(b) the Customer takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), obtaining a moratorium, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceases to carry on business or the Customer's financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the terms of the Contract is in jeopardy;

(c) the event be deemed to prejudice the reputation of HOST, its operators or present a conflict of interest in accordance with clause 4.6;

(d) the Customer commits a material breach of any term of the Contract.

6.2 The Customer may cancel the Contract by notice in writing or via email (bookings@hostsalford.com) to HOST or Supplier's authorized representative. Any cancellation notice must be by the named person on the contract.

6.3 If the Contract is cancelled under clause 6.1(d) or 6.2, HOST reserves the right to charge a cancellation fee. Any sums already received by HOST (including any Deposit) under this Contract will be deducted from the cancellation fee. If an event is cancelled, but subsequently re-booked for a date which is less than 6 months from the original event date, the above cancellation fees will be waived. Permitted on one occasion only.

Cancellation before the date of the Event

Cancellation fee:

90 days or over 0% of the Charge

31 to 90 days 25% of the Charge

15 to 30 days 50% of the Charge

14 days or less 100% of the Charge

6.4 On completion or cancellation of the Contract for whatever reason:

(a) any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after completion or cancellation shall remain in full force and effect; and

(b) completion or cancellation of the Contract shall not affect any of the rights, remedies, obligations, or liabilities of the parties that have accrued up to the date of completion or cancellation, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of completion or cancellation.

7. Data protection

7.1 Where applicable each party shall ensure that it complies with and assists the other party to comply with the requirements of all legislation and regulatory requirements in force from time to time in the UK relating to the use of personal data and the privacy of electronic communications, including: (i) the Data Protection Act 2018 and any successor UK legislation (ii) the retained EU law version of General Data Protection Regulation ((EU) 2016/679) (UK GDPR) and (iii) the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426).

8. General

8.1 Force majeure

HOST shall not be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control, including but not limited to fire, tempest, explosion of any kind, failure or neglect on the part of any utility supplying electricity, gas or water, labour strife, civil commotion, war, fire or explosion, terrorism, COVID-19 or any other event beyond the control of HOST.

In the event of such force majeure event occurs, neither Party shall owe any further obligation to the other, and either HOST or the Customer shall be entitled to cancel this Contract (and shall not be for any loss the other party may sustain in consequence of any such cancellation). 

8.2 Entire agreement

(a) The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to its subject matter.

(b) Each party acknowledges that in entering into the Contract it does not rely on and shall have no remedies in respect of any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in the Contract.

8.3 Variation

No variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorized representatives).

8.4 Waiver

(a) A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.

(b) A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.

8.5 Severance

If any provision or part-provision of the Contract is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under clause 8.5 shall not affect the validity and enforceability of the rest of the Contract.

8.6 Notices

(a) Any written notice given to a party under or in connection with the Contract shall be in writing and shall be:

(i) delivered by hand or by pre-paid first-class post or another next working day delivery service at its registered office; or

(ii) sent by email to the address specified in the Hire Details.

(b) Any written notice shall be deemed to have been received:

(i) if delivered by hand, at the time the notice is left at the proper address;

(ii) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting;

(iii) if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause 8.6(b)(iii), business hours mean 9.00 am to 5.00 pm Monday to Friday on a day that is not a public holiday in the place of receipt.

8.7 Third-party rights

The Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

8.8 Governing law

The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.

8.9 Jurisdiction

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.

Appendix - GGCircuit

GGCIRCUIT

TERMS OF SERVICE

Updated September 14, 2020

These Terms of Service ("Terms") apply to access to and use of www.ggCircuit.com, www.ggLeap.com, and the related software applications (together the “Service”) which includes without limitation the content, functions and features, applications, and gaming products and services available online and at a ggLeap enabled LAN center.

As used in these Terms, "we" (and its variant, "our" and "ours") means and refers to ggCircuit, LLC ("ggCircuit"), and "you" (and its variant, "your" and "yours") means and refers to the person who is accessing or using the Service. These Terms may be changed or updated by us at any time, but you can always find the most recent version here.

Except as stated below, all amended terms shall automatically be effective 48 hours after they are initially posted. In addition, we may notify you of any amended terms by sending an email to the current email address we have for you. However, we suggest that you periodically check that page to make sure that your understanding of these Terms is up to date. These Terms may not be otherwise amended except in writing signed by you and us.

Acceptance of these Terms creates a binding legal agreement between you and us, and indicates your agreement to use the Service only in a manner that is consistent with these Terms. If you have questions about these Terms, please contact us at info@ggCircuit.com. Your use of the Service is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not proceed to registration and do not use any part of the Service. These Terms are supplemented by the Terms of Service for additional services, such as ggLeap AtHome if you subscribe to the service. Please go here for the Terms of Service for ggLeap AtHome.

BY CLICKING YOUR ACCEPTANCE OF THESE TERMS, OR BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREE TO BE LEGALLY BOUND BY THEM.

1.     ACCOUNTS

To register for an account with us, you must provide certain information including, but not limited to, your name, email address, date of birth, user ID, and a password of your choice. When you create an account, you will have access to ggLeap and ggCircuit. Your ggLeap access allows you to play games at the LAN center by purchasing time for computer usage at the LAN center. Other services that vary by LAN center include the ability to track and increase your computer time (for example, purchase a day pass or special offer), order snacks, or redeem prizes with coins. Your ggCircuit access allows you to compete with gamers at other ggLeap enabled LAN centers, earn coins based on your game play, and redeem rewards for those coins (if available at the LAN center). Your game stats are tracked and posted to leaderboards.

In addition, by creating an account, you agree that any information you provide to us about yourself will be true, accurate, current and complete when provided. This information is used to identify you as a "unique user" of the Service. If we learn that you provided false or misleading registration information, we may terminate your access to or use of the Service without notice. You are responsible for all actions taken under your account and may only use the Service using your own user ID and password. You must use every effort to keep your password safe and should not disclose it to any other person. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You may not transfer or sell your user ID to any other person. You may not permit, either directly or indirectly, any other person to use your user ID or password. We will use your account information in accordance with these Terms and the Privacy Policy which can be found here.

We will assume (and by using the Service you warrant to us) that either you have the legal capacity to be bound by these Terms (including, that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract), or your parents have consented to your use of the Service and accept these Terms on your behalf.

2.     LAN CENTERS

When you create a ggLeap account at a LAN center, you may be required to agree to their privacy statement and other policies. The information you provide when logged into ggLeap at a LAN center will be collected and stored as part of your ggLeap and/or ggCircuit account, including your account balance, game usage, coins, stats and other information tracked through the Service.

3.     EVENTS

When you register for events and activities through the Service, you may be required to agree to the official rules that may include eligibility, format and prize structure. You must register separately for each event or activity. Rules and eligibility may vary.

4.      FEES

It is free to create a ggCircuit account. If you choose to purchase other subscriptions, you will need to select your method of payment when you set up your account. If subscriptions are provided by third parties, then you are subject to their terms and conditions. You may change your subscription or payment information at any time by logging into your account. You are responsible for all taxes applicable to the fees, if any, in any applicable jurisdiction.

Your account is automatically renewed each subscription term until you cancel by logging into your account and changing the subscription status or by contacting info@ggCircuit.com (if using this method, your subscription is not cancelled until you have received a confirmation from us). The cancellation will be effective prior to your next subscription term. It is your responsibility to pay all amounts as and when due. If you fail to make payment as and when due, we may suspend or terminate your account. Any such suspension or termination will not, however, relieve you of your obligation to pay the missed payment. Fees are nonrefundable, and no refunds will be made because, without limitation, ggLeap is unavailable due to a network configuration, software issue, hardware issue, or other failures.

Fees for computer usage are determined by each LAN center and billed and processed directly by the LAN center.

5.     PRIVACY PRACTICES

We respect your privacy and have taken specific steps to protect it. To see our Privacy Policy please go here. The terms of our Privacy Policy are incorporated into these Terms by reference and constitute part of the agreement between you and us.

6.     PROPRIETARY RIGHTS

You acknowledge and agree that all content and materials available through the Service are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from, such materials or content. You understand that we are unable to provide you with permission to copy, display or distribute material which you do not own. You may not copy or distribute such material without the written consent of the owner. You are solely responsible for any violations of law that you may incur as a result of your activities on the Service. Systematic retrieval of data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms is prohibited.

If you believe that your work or the work of another has been placed onto the Service in a way that constitutes copyright infringement, we have a process in place to respond to your concerns. Please go here for an explanation of that process. Please do not contact us with respect to any infringement appearing in locations other than through the Service.

7.     LICENSE GRANT

By posting or submitting suggestions or content, such as posts, pictures and any other data, to the Service, you (a) grant us and our affiliates and licensees a perpetual, irrevocable right and license, with right of sublicense, to use, reproduce, display, perform, adapt, modify, sublicense, distribute, have distributed, and promote your suggestions and content in any form, anywhere and for any purpose; and (b) warrant and represent that you have the right to grant these rights and licenses and that the public posting and our use of your suggestions and content will not infringe or violate the rights of any third party.

8.     YOUR USE OF THE SERVICE

Your use of the Service is subject at all times to these Terms. Without limiting any of the restrictions and obligations in these Terms, you may use the Service for your own personal use, and you may not, without our prior permission:

Sell or grant a security interest in or transfer reproductions of the Service to other parties in any way, nor to rent, lease, or license the Service to others;

Create copied works based on the Service;

Use any third-party software to modify a promotion, event, or activity, including, but not limited to cheats or hacks;

Institute attacks upon a Service server or otherwise disrupt the Service;

Cheat during game play, including but not limited to, modification of the game program files;

Impersonate an official, ggCircuit employee, or any other person;

Disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users, individuals, or entities, including, but not limited to, posting spam messages on the Service (where spam messages as used herein include, but are not limited to, any effort to use a computer or other electronic device to post an unauthorized or unsolicited advertisement to the Service);

Intentionally, negligently, or unintentionally violate any applicable local, state, national, or international law or regulation;

Modify any Service file that we do not specifically authorize you to modify;

Spam by posting or sending more than one unsolicited message or piece of mail to a single address or in a chat area;

Communicate or post any user's personal information to the Service;

"Frame" or "mirror" any part of the Service, without our prior written authorization;

Use meta tags or code or other devices containing any reference to us or the Service in order to direct any person to any other website for any purpose;

Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or any software used on or for the Service or allow or cause others to do so; or

Use any reverse compilation, reverse engineering, decompilation or disassembly techniques or similar methods to determine any design structure, concepts and construction method of the Service or replicate the functionality of the Service for any purpose.

If we believe you have violated, may violate, or will violate any of the foregoing provisions, we may, at our option and without limiting any of our remedies available herein or at law, and with or without notice to you, suspend or terminate your access to the Service.

9.     CONTENT

We assume no liability for content posted by you or for the actions or behavior of any contributor or participant. All opinions and views expressed by other users, including those of our staff, are solely those of their respective authors and do not reflect our opinions. We may delete, cancel, purge or modify any post, in part or in whole, without prior notice or further explanation. We may also ban you from the forums without prior notice, for any reason, at our discretion.

You are solely responsible for all the content that you publish or display on the Service ("post") or transmit to other users (in each case, "Content"). Your use of the Service, including but not limited to the Content you post or transmit, must be in complete accordance with any and all applicable laws and regulations. You will not post or transmit any defamatory, inaccurate, offensive, threatening, harassing, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights and rights of privacy and publicity), or post or transmit "junk mail", "chain letters," or unsolicited mass mailing or "spam." You will not provide inaccurate, misleading or false information to us or to any user. If information provided to us, or to a user, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. Without limiting the foregoing:

You will not express or imply that any statements you make are endorsed by us without our specific prior written consent;

You will not use any robot, spider, service search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;

You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;

You will not remove any copyright, trademark, or other proprietary rights notices contained on the Service;

You will not post or transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;

You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service;

You will not harass, threaten, stalk, embarrass, or cause distress, unwanted attention, or discomfort upon another user of the Service or another person or entity;

You will not transmit or post sexually explicit images or other content which in our sole discretion is deemed to be offensive; nor shall you transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically, or otherwise objectionable content;

You will not post or transmit chain letters, cash bots, or pyramid schemes; unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals, or entities; and

You will not post or transmit comments or content defamatory, libelous, slanderous, disparaging, or otherwise offensive against us or our licensors, sponsors, partners, products, officials, or members.

You understand and agree that we may review and delete Content, in whole or in part, at any time. Such deletion shall be at our sole discretion, and may occur, without limitation, if we believe Content violates or may violate these Terms, or might be offensive, illegal, or that might violate the rights of others. Use of the Service is granted with our permission, which may be revoked at any time, for any reason, in our sole discretion.

10.     LINKS TO THIRD PARTY SERVICES AND ADVERTISERS

The Service may contain links to third party websites (collectively "Linked Services"). The Linked Services are not under our control. We are not responsible for the content of any Linked Service, including, but not limited to, the services provided through a Linked Service, any link contained in a Linked Service, or any changes or updates to a Linked Service. We are not responsible for any transmission received from any Linked Service nor if the Linked Service is not working properly. The inclusion of a Linked Service does not imply our endorsement of the Service or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Services which you visit. Any dealings with third parties (including sponsors, advertisers, or services providers) included within the Service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and the advertiser, other third party, or other member. We are not responsible or liable to you, advertiser, or third party, for any part of any such dealings or promotions.

11.     OTHER LIMITATIONS

We may establish general practices and limits concerning the use and operation of the Service. You agree that we have no responsibility or liability for the deletion or failure to store any information maintained on, or transmitted by, the Service. You understand that we reserve the right to close accounts, in our sole discretion, that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

12.     U.S. EXPORT CONTROLS

Software, applications, widgets, gadgets and other tools made available on the Service ("Software") are each subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported (i) into, or to a national or resident of, any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

13.     INDEMNITY

You agree to indemnify, defend, and hold us harmless (including our officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the service), from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account.

14.     NO WARRANTY

(a) No Warranty. The Service and any product or service available through the Service are provided on an "As Is" and "As Available" basis. Your use of such product or service is at your own risk. We do not guarantee continuous, uninterrupted, or secure access to the Service. The operation of the Service may be interfered with by numerous factors outside of our control. You also understand that we are not responsible for the security or privacy of communications sent via the Service.

(b) Disclaimer. To the extent permitted under applicable law, we expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, non-infringement, and accuracy of information. We make no warranty that (i) the Service will be provided in a manner that is uninterrupted, timely, secure, or error free, (ii) the Service is or will be free of viruses or other harmful components, or (iii) the Service or content provided will meet your requirements. We make no warranties of any kind with respect to software, goods, services, promotions, or the delivery of any software, goods or services that are purchased, accessed or obtained through the Service or that are advertised on the Service. Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

15.     LIMITATION OF LIABILITY

You expressly acknowledge and agree that, to the fullest extent permitted under law, we will have no obligation or liability (whether arising in contract, warranty, tort (including negligence), product liability or otherwise) for any incidental, indirect, or consequential damages or liabilities (including, but not limited to, any loss of data, revenue, or profit) arising with respect to your use of the Software or Service, even if you have been advised of the possibility of such damages. Examples of the types of matters to which the foregoing applies include (a) use of or inability to use the Software or Service; (b) the cost of procurement of substitute goods or services; (c) unauthorized access to or alteration of your profile or Membership by third parties; (d) third party content made available to you through the Software or Service; or (e) any other matter relating to the Software or Service. In addition, our liability, and the liability of our officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to the greater of (a) the amount of membership fees you pay to us in the 12 months prior to the action giving rise to the liability, or (b) $100. Some jurisdictions do not allow the exclusion or limitation of damages, so the above limitations or exclusions may not apply to you.

16.     TERMINATION

You agree and acknowledge that we, in our sole discretion, may terminate your account (or any part thereof) or use of the Service, and remove and discard any of your Content including, but not limited to, any and all information, communications, postings, messages, files and other content within the Service, at any time, without notice, for any reason, including but not limited to (a) if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms, including a failure to pay any fees as and when due, or (b) if we decide to discontinue any portion of the Service. Upon termination of your account, the agreement contained in these Terms and your right to use the Service will immediately cease. You agree that we are not be liable to you or any third-party for any termination of your access to the Service. Termination of your account and the agreement contained in these Terms do not affect Section 5 (Privacy Practices), Section 6 (Proprietary Rights), Section 7 (License Grant), Section 13 (Indemnity), Section 14 (No Warranty), Section 15 (Limitation of Liability), Section 16 (Termination), Section 17 (Choice of Law and Forum), and Section 19 (Entire Agreement; Other Terms).

17.     CHOICE OF LAW AND FORUM

The laws of the State of Indiana, USA, excluding its conflicts-of-law rules, govern these Terms. The state and federal courts with districts which include Marion County, Indiana, USA, are the exclusive forum and venue to resolve any and all disputes arising out of or relating to these Terms. However, in an action to enforce a judgment, such forum and venue is nonexclusive. You consent to personal jurisdiction and venue by such state and federal courts.

18.      MODIFICATION OF THESE TERMS AND THE SERVICE

You agree that we reserve the right (for any reason and without notice) to amend these Terms and to modify or discontinue, temporarily or permanently, all or any part of the Service. Unless explicitly stated otherwise, any new features on the Service are subject to these Terms.

19.     ENTIRE AGREEMENT; OTHER TERMS

These Terms (including the Privacy Policy and other incorporated terms) constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements between you and us. If these Terms are inconsistent with information included in off-line materials, these Terms will always control. Our failure to exercise or enforce any right or provision of these Terms do not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should attempt to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms will remain in effect. You agree that these Terms and all incorporated documents may be assigned by us in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, the Service, any software, or these Terms, must be filed within one (1) year after such claim or cause of action arose or be forever barred.

20.     COPYRIGHT AND TRADEMARK NOTICES

All content of the Service is a Copyright of ggCircuit, LLC or our suppliers. “GGCIRCUIT” and “GGLEAP” are trademarks of ggCircuit, LLC. All rights are reserved.

The names of companies and products featured or referenced in the Service may be the trademarks of their respective owners.

21.     REPORTING VIOLATIONS

Please report violation of these Terms to info@ggCircuit.com.

4848-8976-8357, v. 1