Brawlers Tavern Terms and Conditions of Use
1. Purpose and Software Services
2. Acceptance and Modification of Terms
4. Registering for the Software Account
If you enrol in Tavern Door Games’ Services and consent to use the Software, you may have the option to create a profile on the Software that saves your Personal Information (as defined herein) (“Software Account”), which will be managed in accordance with Tavern Door Games’ information management policies and procedures including those pertaining to the collection, use and disclosure of Personal Information (as defined herein). Features and functions of the Software and Tavern Door Games’ policies and procedures for information handling may change without notice and it is your responsibility to ensure that you understand how to use the Software in accordance with these updated policies and procedures.
Your Software Account will be password protected and only you will have access to the Software using this account. Your Software Account consists of an online Email address (“Email”), Username (“Username”) and a password (“Password”). In order to receive a Software Account, you agree (i) to provide, true, accurate, current and complete information as prompted by a registration form about you and/or the individual for whom you are creating the Software Account; and (ii) to maintain and promptly update such information to ensure it remains true, accurate, current and complete. If Tavern Door Games has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Tavern Door Games has the right to suspend or terminate your Software Account and your access to all or part of the Software.
To access and use certain features of the Software, you will need to provide Tavern Door Games with certain current, complete, and accurate information, your email address, and any other data or information that has been requested by Tavern Door Games and provided by you to Tavern Door Games.
You are responsible for maintaining the confidentiality of the Password you use in association with your Software Account and are responsible for all activities that occur under your Username and Password. You agree to notify Tavern Door Games immediately of any unauthorized use of your Username and/or Password or any other breach of security, and to ensure that you log out from your Software Account at the end of each session. Tavern Door Games will not be liable for any loss or damage arising from your failure to protect your Username or Password from loss or inappropriate use.
All content and data made available by Tavern Door Games through the Software, including any Third Party Content, (the “Tavern Door Games Content”) is protected by copyright law and owned solely and exclusively by Tavern Door Games and/or third parties. You may not: (a) publish, publicly perform or display, or communicate to the public or otherwise distribute to any third party any of the Tavern Door Games Content; (b) market, sell, re-sell or make commercial use of the Software or any Tavern Door Games Content; (c) systematically collect from the Software and use any Tavern Door Games Content, including the use of any data mining, robots, or similar data gathering and extraction methods; or (d) make derivative uses of the Software or the Tavern Door Games Content.
If you make any information, data or content available to Tavern Door Games, including by contacting Tavern Door Games, or providing comments or ideas about Tavern Door Games’ Services or the Software (“User Content”), you are deemed to grant Tavern Door Games a non-exclusive, transferable, sub-licensable, irrevocable, royalty-free, perpetual, worldwide license to store, use, copy reproduce, modify, adapt, edit, translate, publish, perform and display any such User Content that you make available on, through, or in connection with the Software without any payment or restriction. You are solely responsible and liable for any User Content you make available on or through the Software or that is made available using your Software account. If you make User Content available, you represent that you have the right to do so. You may not post violent, nude, partially nude, obscene, discriminatory, unlawful, infringing, hateful, pornographic, or sexually suggestive User Content on or through the Software. Tavern Door Games may remove any User Content that the Tavern Door Games deems objectionable. You understand and agree that Tavern Door Games cannot and will not be responsible for the User Content and you use the Software at your own risk.
6. Copyright and Limited License
Access to and participation in the Software is entirely voluntary. You may discontinue your participation in the Software at any time by notifying Tavern Door Games. Should you discontinue your participation in the Software, or if your access to the Software is discontinued or terminated for any reason, your Software Account Username and Password will be deactivated. Where a Software Account holder decides to discontinue participation in the Software, access by all Software Users linked under that Software Account will be terminated and their Usernames and Passwords deactivated.
8. Use Restrictions
9. Electronic Notices
Tavern Door Games will send you notifications, alerts and other communications by email (at the email address provided on your Software Account) and/or through the Software, including:
You agree that receipt of these notifications, alerts and other communications by email as determined by Tavern Door Games is a mandatory and integral part of your Account.
10. Risks of Using Email
The security of email messages is not guaranteed. Messages sent to, or from, Tavern Door Games may be seen by others using the Internet. Email is easy to forge, may be accidentally forwarded, and may exist indefinitely. For this reason, it is recommended that you do not use email to discuss information you think is sensitive. If you decide to use email, please inform Tavern Door Games if there are certain types of information that you do not want to discuss by email. Do not use email in an emergency because email can be delayed.
11. Rules Governing Postings Made to the Software
The Software is used by multiple users and we ask each that each user respect the rights of each other user of the Software. It is a condition of your use of the Software that you do not:
Subject to any applicable law, any Postings made using this Software or otherwise made to Tavern Door Games are made on a non-confidential basis. Any data contained in the Postings in which all personal identifiers have been removed, such that the information could not reasonably be used to identify the individual, is non-confidential information. Tavern Door Games is under no obligation to refrain from reproducing, publishing or otherwise using them, and may use them, in any way or for any purpose. You agree to not assert any ownership right of any kind in such communications (including, without limitation, copyright, trademark, patent, unfair competition, moral rights, or implied contract) and you hereby grant a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to Tavern Door Games to use, copy and display all Postings, and waive the right to receive any financial or other consideration in connection with such Postings including, without limitation, acknowledgement of yourself as the source of such Postings.
12. Privacy of Personal Information
You can permanently remove Personal Information from your Software Account at any time. In case you want to recover the deleted information, Tavern Door Games may be able, at its sole, absolute, and unfettered discretion, to retrieve a back-up copy of the Personal Information which was stored on the Software for up to 30-days after you instruct the Software to delete this information. Otherwise, Personal Information, including any that was paid for through the use of the Software, are permanently removed from the Software and must be recreated on the Software or repurchased.
In the event that you save, print, fax, or transmit copies of your Personal Information from the Software (“Downloaded Information”), you are responsible for maintaining the privacy and security of this information. Tavern Door Games will not be liable for loss, theft, or any consequences arising from misuse of Downloaded Information.
Any Personal Information placed on the Software or otherwise provided to Tavern Door Games, in which all personal identifiers have been removed, such that the information could not reasonably be used to identify the individual, is not considered confidential information (“De-Identified Information”). You agree that in the event you delete Personal Information from the Software, Tavern Door Games may maintain a copy in the form of De-Identified Information. Tavern Door Games is under no obligation to refrain from reproducing, publishing or otherwise using this De-Identified Information, and may use them, in any way or for any purpose. You agree to not assert any ownership right of any kind on such information (including, without limitation, copyright, trademark, patent, unfair competition, moral rights, or implied contract) and you hereby grant a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide licence to Tavern Door Games to use, copy and display all De-Identified Information, and waive the right to receive any financial or other consideration in connection with such De-Identified Information.
13. Cookies and Computer Data
Any fees payable to Tavern Door Games for services are in American dollars and considered final payments. If and where Tavern Door Games invoices you for the Software or any Services, any additional payment terms are stated: at the point of sale, including via a third-party; in your agreement with Tavern Door Games; on the invoice; or in any other place or medium or media in connection with the provision of any such Services. You agree that you are bound to pay to Tavern Door Games all of the foregoing fees immediately upon receipt of any such invoice. No refunds will be given on fees paid except at the sole, absolute, and unfettered discretion of Tavern Door Games.
In the event of a Chargeback Event, Tavern Door Games also reserves the right to suspend your Software Accounts. It is at the sole, absolute, and unfettered discretion of Tavern Door Games to reverse a Software Account suspension after Liquidated Damages for Chargeback Event has been paid by you to Tavern Door Games.
Tavern Door Games’ rights and remedies provided in this section 15 in the event of a Chargeback Event are in addition to all other rights and remedies available to Tavern Door Games. For greater certainty, and without limiting the generality of the foregoing, Tavern Door Games may also rely on sections 7, 17, and 18 in the event of a Chargeback Event.
16. Software and Services Provided “AS IS”
YOU UNDERSTAND AND AGREE THAT THE SOFTWARE AND THE SERVICES, ANY COMPANY CONTENT AND OTHER INFORMATION, DATA AND MATERIALS AVAILABLE ON THE SOFTWARE OR PROVIDED AS PART OF THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED FOR HEREIN AND PERMITTED UNDER APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND OR NATURE WHATSOEVER, WHETHER EXPRESS OR IMPLIED, AND WHETHER ARISING BY STATUTE OR OTHERWISE IN LAW, FROM A COURSE OF DEALING OR USAGE OF TRADE, AND INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS, ANY CONDITION OR WARRANTY OF MERCHANTABILITY, TITLE OR NON-INFRINGEMENT OF THIRD PARTIES RIGHTS AND ANY CONDITION OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
COMPANY DOES NOT OFFER ADVICE OR RECOMMENDATIONS CONCERNING INFORMATION OR DATA CONTAINED IN ANY SERVICES OR COMPANY CONTENT AND ANY ACTIONS TAKEN, OR FAILURES TO ACT, IN RELIANCE ON ANY COMPANY CONTENT (OR OTHERWISE ON THE SERVICES) BY YOU OR ANY OTHER PERSON IS YOUR SOLE RESPONSIBILITY AND LIABILITY. COMPANY SPECIFICALLY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE OR ANY OF THE SERVICES (INCLUDING THE PROVISION OF ANY COMPANY CONTENT) WILL BE ACCURATE, RELIABLE, COMPATIBLE WITH YOUR COMPUTER, OR COMPLETE OR WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT ANY ERRORS CAN OR WILL BE CORRECTED OR THAT ANY SERVICES, COMPANY CONTENT, DATA OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR THAT THE SOFTWARE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL ELEMENTS.
YOU ACKNOWLEDGE THAT COMPANY DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THE SOFTWARE. EXCEPT AS OTHERWISE AGREED IN WRITING, COMPANY AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE SOFTWARE.
IF YOU ARE DISSATISFIED WITH THE SOFTWARE, THE SERVICES OR WITH ANY OF THE TERMS, CONDITIONS, GUIDELINES, PRACTICES OR POLICIES OF COMPANY IN OPERATING THE SOFTWARE AND IN PROVIDING THE SERVICES YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USING THE SOFTWARE AND SERVICES.
UNDER NO CIRCUMSTANCES SHALL ANY OF THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND THIRD PARTY CONTRACTORS, SUPPLIERS AND LICENSORS (COLLECTIVELY THE “COMPANY PARTIES”), BE LIABLE TO YOU, OR TO ANY OTHER PARTY, FOR ANY LOSSES, COSTS OR DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF (OR THE INABILITY TO USE) THE SOFTWARE, SERVICES, OR ANY COMPANY CONTENT OR THIRD PARTY CONTENT (REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, INCLUDING FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, EQUITY, STRICT LIABILITY, BY STATUTE OR OTHERWISE AND REGARDLESS OF THE OCCURRENCE OF A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE) THAT EXCEEDS, IN THE AGGREGATE, THE AMOUNTS THAT YOU HAVE PAID COMPANY IN RESPECT OF THE SERVICES IN THE 30 DAY PERIOD THAT IMMEDIATELY PRECEDED THE DATE OF YOUR CLAIM OR IF YOU HAVE MADE NO SUCH PAYMENTS TO COMPANY, ONE HUNDRED AMERICAN DOLLARS (USD $100).
IN NO EVENT WHATSOEVER SHALL THE COMPANY PARTIES BE LIABLE FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF SOFTWARE OR THE PROVISION OF THE SERVICES (INCLUDING IN ANY CONNECTION WITH THE TRANSMISSION OR DOWNLOADING OR STORAGE OF ANY DATA OR SUBMISSIONS TO OR FROM THE SOFTWARE OR THE USE OF, OR RELIANCE ON, ANY COMPANY CONTENT OR OTHER INFORMATION OR DATA CONTAINED ON OR PROVIDED THROUGH THE SOFTWARE OR SERVICES, OR LOSS OF OR DAMAGE TO FILES OR DATA OR ANY COSTS OF RECOVERING OR REPRODUCING ANY FILES OR DATA OR LOSS OF USE OR LACK OF AVAILABILITY OF SERVICES OR ANY BUSINESS INTERRUPTION OR LOSS OF REVENUE OR PROFIT OR ANY OTHER ECONOMIC LOSS WHATSOEVER) HOWEVER CAUSED AND REGARDLESS OF THE FORM OR CAUSE OF ACTION AND WHETHER OR NOT FORESEEABLE, EVEN IF THE COMPANY PARTIES OR ANY OF THEM HAS BEEN INFORMED IN ADVANCE OR OUGHT REASONABLY TO HAVE KNOWN OF THE POTENTIAL FOR SUCH DAMAGES.
THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE AND USE OF THE SOFTWARE, SERVICES AND ANY PROVIDED SUPPORT IS ASSUMED BY YOU.
TAVERN DOOR GAMES SHALL NOT BE LIABLE FOR ANY FAILURE TO PERFORM ITS OBLIGATIONS HEREUNDER WHERE THE FAILURE RESULTS FROM ANY CAUSE BEYOND TAVERN DOOR GAMES’ REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, MECHANICAL, ELECTRONIC, OR COMMUNICATIONS FAILURE OR DEGRADATION.
All product, brand and company names and logos and trademarks displayed on the Software or used in connection with the Services are the trademarks of Tavern Door Games (or its suppliers, partner businesses or third party licensors). Any use of any of the marks appearing on the Software or in connection with the Services without the express written consent of Tavern Door Games or the owner of the mark, as appropriate, is strictly prohibited.
21. Jurisdiction and Choice of Law
If you live outside of the Province of Ontario, you may also be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law. However, nothing herein shall be construed as Tavern Door Games’ agreement to the application of any such consumer protection laws.
22. Entire Agreement
23. Electronic Documents
24. Conformance with Law
Tavern Door Games Inc.
#825-2967 Dundas St. W.
E-mail: [email protected]
Phone: (437) 370-1225
Tavern Door Games may provide notices or communications to you on the Software and you agree that such notices shall constitute notice to you whether or not you actually access the notice.
Last Updated: June 19, 2021
Effective Date: July 20, 2021