These terms and conditions (“Agreement”) set forth the general terms and conditions of youruse of the “Beltway Beatdown” mobile application (“Mobile Application” or “Service”) and anyof its related products and services (collectively, “Services”). This Agreement is legallybinding between you (“User”, “you” or “your”) and GOOFBALLZ GAMING, INC (“GOOFBALLZGAMING, INC”, “we”, “us” or “our”). If you are entering into this Agreement on behalf of abusiness or other legal entity, you represent that you have the authority to bind such entity tothis Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If youdo not have such authority, or if you do not agree with the terms of this Agreement, you mustnot accept this Agreement and may not access and use the Mobile Application and Services.By accessing and using the Mobile Application and Services, you acknowledge that you haveread, understood, and agree to be bound by the terms of this Agreement. You acknowledgethat this Agreement is a contract between you and GOOFBALLZ GAMING, INC, even though it is electronic and is not physically signed by you, and it governs your use of the MobileApplication and Services.
You must be at least 13 years of age to use the Mobile Application and Services. By using the Mobile Application and Services and by agreeing to this Agreement you warrant and represent that you are at least 13 years of age. If you create an account in the Mobile Application, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Occasionally there may be information in the Mobile Application that contains typographical errors, inaccuracies or omissions that may relate to availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Mobile Application or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Mobile Application including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Mobile Application should be taken to indicate that all information in the Mobile Application or Services has been modified or updated.
If you decide to enable, access, or use third-party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against GOOFBALLZ GAMING, INC with respect to such other services. GOOFBALLZ GAMING, INC is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access, or use of any such other services, or your reliance on the privacy practices, data security processes, or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting GOOFBALLZ GAMING, INC to disclose your data as necessary to facilitate the use or enablement of such other service.
During your use of the Mobile Application and Services, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Mobile Application and Services. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation, or responsibility for any such correspondence, purchase, or promotion between you and any such third party.
Although the Mobile Application and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links in the Mobile Application may be “affiliate links”. This means if you click on the link and purchase an item, GOOFBALLZ GAMING, INC will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link in the Mobile Application. Your linking to any other off-site resources is at your own risk.
Subject to these TOS, GOOFBALLZ hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services for your personal, non-commercial use. The rights granted to you are subject to your compliance with these TOS.
Except as set forth above, you do not receive any other license. GOOFBALLZ retains all right, title and interest in and to the Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialogue, settings, artwork, sound effects, musical works, gameplay recordings made using the Services, moral rights, in each case whether registered or not and all applications thereof. Unless expressly authorized by applicable law, the Services may not be copied, reproduced, or distributed in any manner or medium, in whole or in part, without GOOFBALLZ’s prior written consent. GOOFBALLZ reserves all rights not expressly granted to you herein.
The Services and their content are licensed, not sold. You agree that you have no right or title in or to any content that appears in the Services, including, but not limited to, the Virtual Items appearing in or originating from the Services, whether earned in
GOOFBALLZ may license to you certain virtual goods or other content (e.g. in-game items or currency) which may be used within the Services and which you may purchase with “real-world” money or earn or redeem through gameplay (“Virtual Items“). Virtual Items are licensed to you on a limited, personal, non-transferable, non-sublicensable, revocable basis solely for non-commercial use.
For United States residents, these TOS contain a binding arbitration clause in Section "Binding Arbitration / Class Waiver" and a class-action waiver that affects your rights about how to resolve disputes. If you live in the United States, please read it carefully. Except where you opt out, and except for certain types of disputes described in Section "Binding Arbitration / Class Waiver", you agree that any disputes arising between you and GOOFBALLZ will be resolved by binding, individual arbitration and you waive your right to participate in any class-action lawsuit or class-wide arbitration.
As a precondition for using the Services, you must agree to these TOS. If you accept these TOS, you represent that you are of the age of majority in your country of residence. If you are under the age of majority or otherwise do not have the authority to enter into agreements such as these TOS, you represent that your legal guardian, or a holder of parental responsibility, has reviewed and agreed to these TOS.
By using or otherwise accessing the Services, you agree to these TOS. If you do not agree to these TOS, you may not use or otherwise access the Services.
Unless otherwise specified, the Services do not require you to pay money to use or download but may contain features that may allow you to make purchases within the Services. You may be required to have an internet connection to access or use the Services. You are responsible for any internet connectivity or mobile charges you may incur by accessing or using the Services.
If you access the Services from a third-party platform such as Facebook or another social networking site, you agree to comply with the platform’s terms of service as well as these TOS.
GOOFBALLZ may issue additional terms or policies related to individual Services or specific components of the Services (including, but not limited to, forums, contests, sweepstakes, or loyalty programs). Your right to use the Services is subject to such relevant terms and policies as well as these TOS.
If you are a consumer based in the European Union or a member country of the European Economic Area (“EEA”), this Section applies to you.
You may have the right to withdraw from these TOS within 14 days from the day you agreed to them. You may also have the right to withdraw from the purchase of a license to a Virtual Item or a Service within 14 days from purchase. You are not required to give a reason for exercising the right of withdrawal. However, you are not entitled to withdraw from a purchase if you have consented to the Virtual Item or Service being fully provided to you during the withdrawal period and acknowledged that you thereby forfeit your right of withdrawal.
To withdraw from these TOS, you must inform GOOFBALLZ of your decision to withdraw and discontinue your use of the Services. To withdraw from the purchase of a license to a Virtual Item or a Service, you must inform the merchant of record, which may be either GOOFBALLZ or its authorized partner through whom you made the purchase. Please note that GOOFBALLZ is neither able nor required to fulfill your request to withdraw from a purchase where GOOFBALLZ is not the merchant of record.
To inform GOOFBALLZ of your decision to withdraw, you must send an unequivocal statement of your decision by email to support@GOOFBALLZ.com. You may use the attached model withdrawal form but are not required to do so. To meet the deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the expiry of the withdrawal period.
If you withdraw from the purchase of a license to a Virtual Item or a Service, you are entitled to be reimbursed for the purchase without undue delay and in any event not later than 14 days from the day on which you informed the merchant of record of your decision to withdraw from the purchase. The reimbursement will be carried out using the same means of payment as you used for the initial payment, unless you have agreed otherwise. You will not incur any fees as a result of such reimbursement.
You agree that you will not, under any circumstances:
Accounts and Login
Register with the Services (“Account”). You may be required to select a password for your Account or you may also use other credentials to access the Account (“Login Information“).
You agree that you will not give your Login Information to anyone else or allow anyone else to use your Login Information or Account. You are solely responsible for maintaining the confidentiality of your Login Information. GOOFBALLZ is entitled to assume that any use of your Login Information or Account is made by you, and you are responsible for any actions (including, but not limited to, any purchases) taken using your Account or Login Information. You agree to compensate GOOFBALLZ for any losses or harm that result from your failure to keep your Login Information confidential.
You agree that you have no ownership or property interest in or to any Account. GOOFBALLZ reserves the right to delete your Account if GOOFBALLZ observes no activity by you in relation to the Account for 180 days or more. In such event, you may no longer be able to access and/or use any Virtual Items associated with that Account and no refund will be offered to you.
The Services may allow you to create content, including, but not limited to, gameplay maps, game profiles, characters, items, screenshots or videos of your gameplay (collectively “User Contributions”).
In exchange for use of the Services, you hereby grant GOOFBALLZ a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your User Contributions in any way and for any purposes including, but not limited to, the right to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any current or future means and to distribute your User Contributions without any further notice or compensation to you of any kind. Where not expressly prohibited by applicable law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to GOOFBALLZ’s (including its licensees, successors, and assigns) and other players’ use and enjoyment of your User Contributions in connection with the Services and related goods and services. The foregoing grant of license to GOOFBALLZ and waiver of any applicable moral rights survives any termination of these TOS.
GOOFBALLZ and its directors, officers and employees do not accept or consider unsolicited idea or product submissions of any kind (e.g. game or other product ideas, stories, screenplays, artwork, musical or audiovisual works, concepts or any other creative materials) in any format, by means of any transmission (“Unsolicited Content”). Please do not submit any Unsolicited Content to GOOFBALLZ or its directors, officers, or employees. However, if you submit Unsolicited Content to us, you agree that such Unsolicited Content will not be treated as confidential, regardless of any statement to the contrary in the Unsolicited Content, any accompanying message, or elsewhere. You further agree that such Unsolicited Content may be used and exploited by GOOFBALLZ without compensation to you or any third party and you grant GOOFBALLZ a perpetual, non-exclusive, irrevocable, fully paid, royalty-free, sub-licensable and transferable (in whole or in part) worldwide license to use, exploit, reproduce, transmit, amend, display and exhibit Unsolicited Content in all current or future media for any purpose and to create derivative works based upon the Unsolicited Content.
GOOFBALLZ assumes no responsibility for the conduct of other users of the Services or for monitoring the Services for inappropriate content or conduct. GOOFBALLZ does not, and cannot, pre-screen or monitor all content or conduct of users. Your use of the Services is at your own risk.
By using the Services, you may be exposed to content or conduct that is offensive, indecent, or otherwise not in line with your values. GOOFBALLZ may utilize technology to monitor and/or record your interactions with the Services or communications within the Services (including, but not limited to, chat text or voice communications). You irrevocably consent to such monitoring and recording and agree that you have no expectation of privacy concerning the transmission of any content within the Services, including, but not limited to, chat text or voice communications. You understand that your User Contributions, communications within the Services, and/or your interactions with the Services may be displayed to or viewable by other users of the Services or the general public.
GOOFBALLZ reserves the right at its sole discretion to review, monitor, prohibit, edit, delete, disable access to, or otherwise make unavailable any content made available by users of the Service without notice for any reason or for no reason at any time. If at any time GOOFBALLZ chooses, at its sole discretion, to monitor the Services, GOOFBALLZ nonetheless assumes no responsibility for content made available by users of the Services, and GOOFBALLZ assumes no obligation to modify or remove any inappropriate content.
You acknowledge that GOOFBALLZ is not a party to any dispute you may have with any other user(s) of the Services. GOOFBALLZ has no obligation to become involved in any such dispute. You release GOOFBALLZ and its subsidiaries (and GOOFBALLZ’s and its subsidiaries’ officers, directors, agents, joint ventures, shareholders and employees) from all claims, demands, and damages related to any such dispute.
GOOFBALLZ assumes no responsibility for the conduct of other users of the Services or for monitoring the Services for inappropriate content or conduct. GOOFBALLZ does not, and cannot, pre-screen or monitor all content or conduct of users. Your use of the Services is at your own risk.
By using the Services, you may be exposed to content or conduct that is offensive, indecent, or otherwise not in line with your values. GOOFBALLZ may utilize technology to monitor and/or record your interactions with the Services or communications within the Services (including, but not limited to, chat text or voice communications). You irrevocably consent to such monitoring and recording and agree that you have no expectation of privacy concerning the transmission of any content within the Services, including, but not limited to, chat text or voice communications. You understand that your User Contributions, communications within the Services, and/or your interactions with the Services may be displayed to or viewable by other users of the Services or the general public.
GOOFBALLZ reserves the right at its sole discretion to review, monitor, prohibit, edit, delete, disable access to, or otherwise make unavailable any content made available by users of the Service without notice for any reason or for no reason at any time. If at any time GOOFBALLZ chooses, at its sole discretion, to monitor the Services, GOOFBALLZ nonetheless assumes no responsibility for content made available by users of the Services, and GOOFBALLZ assumes no obligation to modify or remove any inappropriate content.
You acknowledge that GOOFBALLZ is not a party to any dispute you may have with any other user(s) of the Services. GOOFBALLZ has no obligation to become involved in any such dispute. You release GOOFBALLZ and its subsidiaries (and GOOFBALLZ’s and its subsidiaries’ officers, directors, agents, joint ventures, shareholders and employees) from all claims, demands, and damages related to any such dispute.
GOOFBALLZ does not guarantee that the Services are available at all times or will continue to be available in the future. The Services may be temporarily unavailable due to technical issues or maintenance-related reasons, which may occur on a scheduled or unscheduled basis. Furthermore, the Services or parts thereof may be designed to be available only for a limited time (e.g. when content is seasonal or early access is provided to a development version of a game), or their life cycle may be affected by technological developments or changes in consumer behavior.
Accordingly, GOOFBALLZ reserves the right to stop offering and/or supporting the Services or parts thereof (e.g. a game or a feature of a game) at any time, at which point your license to use the Services or such parts thereof will be terminated automatically. In such an event, unless otherwise required by applicable law, GOOFBALLZ does not have to provide refunds for the Services or any Virtual Items. Where appropriate, GOOFBALLZ will take reasonable measures to provide advance notice when any Services or parts thereof are discontinued. However, GOOFBALLZ may limit, suspend or terminate the Services or parts thereof without notice and take technical and legal steps to prevent you from accessing the Services if GOOFBALLZ believes you or any other user(s) are causing a risk of legal liability or infringement of third-party intellectual property rights or are not acting in accordance with the letter or spirit of these TOS.
The Services may have limited compatibility across different devices and operating systems. You are responsible for verifying that the Services are compatible with your device and its operating system. Generally, more information regarding compatibility requirements is available at the point of first use or download (e.g. in the relevant app store).
The Services are intended to evolve over time. Accordingly, GOOFBALLZ may change, manage, modify, or update the Services or parts thereof (including, but not limited to, Virtual Items) from time to time. This may result in content or features being added, removed, or modified (e.g. gameplay modes or areas being added or removed or Virtual Items having their appearance or power altered). GOOFBALLZ may, at its sole discretion, make any such changes as it believes to be necessary to maintain and improve the Services, including, but not limited to, introducing, modifying, or removing game content and features according to GOOFBALLZ’s development roadmap, adapting to new technologies, reflecting changes to GOOFBALLZ’s agreements with third parties, preventing abuse or technical issues, and addressing any legal, safety, or regulatory requirements. When changes are made to the Services, you may be required to download and install an update to continue using them. If you do not, you may be unable to access or use the Services or parts thereof (e.g. online play and features may only be available to those who are using the latest version of a game).
To the fullest extent permissible under applicable law, the Services are provided to you “AS IS,” without warranty, assurances, or guarantees of any kind. The Services may have defects, and your use is solely at your risk. GOOFBALLZ does not make, and hereby disclaims any and all express, implied, or statutory warranties, including implied warranties of condition, uninterrupted use, accuracy of data (including, but not limited to, location data), merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third-party rights, and warranties (if any) arising in the course of dealing, usage, or trade practices. GOOFBALLZ does not warrant against interference with your enjoyment of the Services; that the Services will meet your requirements; that the operation of the Services will be uninterrupted or error-free; that the Services will interoperate or be compatible with any other services; or, that any errors in the Services will be corrected. No oral or written advice provided by GOOFBALLZ, its employees, or other representatives constitutes a warranty.
Some jurisdictions do not allow disclaimers such as those set forth above; thus, the above terms may not apply to you. Instead, in such jurisdictions, the foregoing disclaimers shall only apply to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these TOS shall infringe upon the statutory rights that you may have as a consumer of the Services. Specifically, if you are a consumer based in the EEA, you are provided with a legal guarantee of conformity under which GOOFBALLZ may be liable for a lack of conformity that you discover: (i) within two years from any one-time supply of the Services (such as the supply of a Virtual Item); or (ii) at any time during any continuous supply of the Services.
In no event will GOOFBALLZ be liable for special, incidental, or consequential damages resulting from access, use, or malfunction of the Services, including, but not limited to, damages to property, loss of goodwill, device failure or malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits, or punitive damages from any causes of action arising out of or related to these TOS or the Services, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not GOOFBALLZ has been advised of the possibility of such damages. In no event will GOOFBALLZ’s total aggregate liability arising out of or in connection with these TOS, the Privacy Notice, or the Services exceed the higher of: (i) the actual price (if any) you paid for the license to use Virtual Items or Services; or (ii) one hundred US Dollars ($100). The exclusions and limitations of damages are fundamental elements of the basis of the agreement between GOOFBALLZ and you. For purposes of this Section “Limitations of Liability,” GOOFBALLZ’s licensors and other partners are third-party beneficiaries to the limitations of liability specified herein and may enforce these TOS against you.
Some jurisdictions do not allow certain limitations of liability such as those stated in this Section; thus, the above terms may not apply to you. Instead, in such jurisdictions, the limitations of liability in this Section shall apply only to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these TOS will infringe upon any statutory rights you may have as a consumer of the Services.
You agree to indemnify, defend and hold GOOFBALLZ and its subsidiaries (and GOOFBALLZ’s and its subsidiaries’ officers, directors, agents, joint ventures, shareholders and employees) harmless from any claim, demand, damages, or other losses, including reasonable attorneys’ fees, asserted by any third party resulting from or arising out of your use of the Services or any breach by you of these TOS; however, the foregoing does not apply if the third-party claim is not attributable to your intentional or negligent behavior.
If you believe the Services or any of its content infringes your copyrights, please send a notice to: GOOFBALLZ GAMING, INC at 22557 Blue Fin Trail, Boca Raton, Florida ???? or alternatively via email to: _________________. Notices sent to the specified address will reach GOOFBALLZ’s registered DMCA agent.
Please include all of the following in your DMCA notice:
Include the following statement in the body of the DMCA notice:
“I have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law. I represent that the information in this DMCA notice is accurate and, under penalty of perjury, that I am the owner of the copyright or authorized to act on the copyright owner’s behalf.”
Please note that under 17 U.S.C. 512(f), if you knowingly misrepresent that a material or activity is causing infringement, you may be liable for damages, including the costs and attorneys’ fees incurred by GOOFBALLZ or its users. If you are unsure whether the material or activity you are reporting is causing infringement, you may wish to contact an attorney before serving a notice to GOOFBALLZ.
The Services may link to or otherwise make available third-party products or services, including, but not limited to, through third-party advertisements, connectivity to social media or community services, or gameplay recording or sharing services. These products and services are subject to the respective third party’s terms and conditions. Please read these third-party terms and conditions carefully as they constitute an agreement between you and the relevant third-party service provider to which GOOFBALLZ is not a party. You understand that GOOFBALLZ neither endorses nor makes any promises regarding the content, goods or services provided by such third parties. GOOFBALLZ is not liable to you for any losses or harm caused by such third parties or any charges you incur in relation to such third parties. You understand that when you provide data to such third parties you are providing it in accordance with their privacy policy (if any) and you understand GOOFBALLZ’s Privacy Notice does not apply to such data.
GOOFBALLZ may assign these TOS, in whole or in part, to any person or entity at any time with or without your consent, provided that such assignment does not reduce your rights under these TOS. You may not assign or delegate any rights or obligations under these TOS without GOOFBALLZ’s prior written consent, and any unauthorized assignment and delegation by you is void.
Any failure by GOOFBALLZ to exercise or enforce any of its rights under these TOS does not waive its right to enforce such right. Any waiver of such rights shall only be effective if made in writing and signed by an authorized representative of GOOFBALLZ.
If you have any questions about these TOS, please contact ______________@GOOFBALLZ.com.
In addition to the terms set forth above, the following terms apply if you access the Services through the App Store operated by Apple Inc. (“Apple”).
You acknowledge and agree that these TOS are concluded between you and GOOFBALLZ, not with Apple, and that GOOFBALLZ, not Apple, is responsible for the Services and their content. The license granted to you under these TOS is subject to the permitted usage rules specified in the Apple App Store Terms of Service and any third-party terms of agreement therein. You must comply with any third-party terms and conditions that apply to your use of the Services.
Apple and its subsidiaries are third-party beneficiaries to these TOS. Upon your acceptance of these TOS, you agree that Apple has the right to enforce these TOS against you as a third-party beneficiary.
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