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Terms of Service

This document is our terms of service that governs our relationship with users who interact with www.card-pong.com, as well as Truly Games LLC products and services. This Agreement (including the Privacy Policy), as modified from time to time, constitutes the entire agreement between you and Truly Games LLC with respect to the subject matter hereof and supersedes any and all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Truly Games LLC shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Truly Games LLC's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement will be binding upon, and inure to, the benefit of each party and such party's heirs, representatives, successors and assigns; provided, however, that this Agreement is not assignable, transferable or sub licensable by or through User except with Truly Games LLC's prior written consent. Truly Games LLC may assign this Agreement in whole or in part at any time without User's consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind Truly Games LLC in any respect whatsoever. Questions about the Terms of Service should be sent to info@card-pong.com.com.

Truly Games LLC is offering Service/s solely for use by the person whose name and account is registered through the Site (the "User" or "you") and not for the use or benefit of any third party. Truly Games LLC may change, suspend or discontinue the Service at any time, including the availability of any feature, database, or content. Truly Games LLC may also impose limits on certain features of the Service or restrict User's access to parts or all of the Service without notice or liability. Truly Games LLC reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on the Site, or by sending User a notice via e-mail, and you consent to receipt of such notice. User shall be responsible for reviewing, agreeing to and becoming familiar with any such modifications. By failing or choosing to not agree with new terms or term modifications, service of user will be immediately suspended until agreement of terms is made or termination of service is requested. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to this Agreement. You can review the most current version of the Terms of Service at any time at: http://www.card-pong.com/terms.

Access to the Website

Truly Games LLC will use reasonable efforts to ensure that the Website is available twenty-four hours a day, seven days a week. However, there will be occasions when the  Website will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by Truly Games LLC to minimize such disruption where it is within Truly Games LLC's reasonable control. YOU AGREE THAT Truly Games LLC WILL NOT BE LIABLE IN ANY EVENT TO YOU OR ANY OTHER PARTY FOR ANY SUSPENSION, MODIFICATION, DISCONTINUANCE OR LACK OF AVAILABILITY OF THE SERVICE OR OTHER CONTENT. Truly Games LLC retains the right to create limits on use with respect to the Service in its sole discretion at any time with or without notice.

User certifies to Truly Games LLC that User is an individual (i.e., not an entity) and is over the age of 13 years, with their parent’s or legal guardian’s permission. User also certifies that it is legally permitted to use the Website, and takes full responsibility for the selection and use of the Website. This Agreement is void where prohibited by law, and the right to use the Service is revoked in such jurisdictions. Truly Games LLC makes no claim that the Service may be lawfully used or that Content (as defined hereafter) may be uploaded or downloaded outside of the United States. Access to Content may not be legal by certain persons or in certain countries. If you use the Service from outside the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction. User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to and use the Website, including, without limitation, modems, hardware, software, and long distance or local telephone service. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Website.


General Terms

You agree to use the Website in compliance with these Terms. You may use the website only if you are not barred under any applicable laws from doing so. You must be over the age of 13 years to use this website.

You may not use the Website for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws of your jurisdiction (including but not limited to copyright laws). You must not modify, adapt or hack the Website or modify another website so as to falsely imply that it is associated with the Service, Truly Games LLC, or any other Truly Games LLC service.

You may not resell the Service to any third party as a private label or with the inclusion of a mark-up fee without the expressed written consent of Truly Games LLC. Violation of any of the terms of this Agreement may result in the termination of your account and your access to the Service. While Truly Games LLC prohibits certain conduct and content on the Service, you understand and agree that Truly Games LLC cannot be responsible for the User Content posted on the Service and you nonetheless may be exposed to such materials, which you may find objectionable. You agree to use the Website at your own risk. Truly Games LLC reserves the right to refuse Service to anyone, or cancel an account, for any reason at any time.

Quality of Service & General Conditions

While Truly Games LLC will work to respond to all incoming support requests within 24 hours, you understand and agree that it may not always be possible to do so. Truly Games LLC agrees to make every reasonable effort to respond to support requests within a reasonable amount of time.

You also understand that Truly Games LLC uses third party vendors (hereinafter referred to as the "Vendors") and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to provide and maintain the Service.

Verbal, physical, written or other abuse (including threats of abuse or retribution) made against any Truly Games LLC User, employee, member, officer or vendor will be grounds for immediate account termination.


Warranty Disclaimer

User acknowledges that Truly Games LLC has no control over, and no duty to take any action regarding the Content (as defined hereafter) User accesses via the Site; what effects the Content may have on User; how User may interpret or use the Content; or what actions User may take as a result of having been exposed to the Content. User agrees that Truly Games LLC is not responsible or liable for User having acquired, used, relied on, acted upon (or not acquired) Content obtained or obtainable through the Site. Truly Games LLC makes no representations or warranties concerning any content contained in or accessed through the Site, and Truly Games LLC will not be responsible or liable for the accuracy, completeness, copyright compliance or legality of material or Content contained in or accessed through the Site.

THE SERVICES, CONTENT AND SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. TRULY GAMES LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE OR THE SERVICES, INCLUDING ANY REPRESENTATION OR WARRANTY THAT THE USE OF THE SITE OR SERVICES WILL (A) BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) BE FREE FROM ERRORS OR THAT DEFECTS WILL BE CORRECTED, (D) BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS (E) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (F) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

TO THE FULLEST EXTENT ALLOWED BY LAW, Truly Games LLC DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY,  COMPLETENESS, LEGALITY OR OPERABILITY OF THE CONTENT, MATERIAL AND/OR SERVICES PROVIDED ON THIS SITE. BY USING THIS SITE, YOU ACKNOWLEDGE THAT Truly Games LLC IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (1) USE OF THE SITE; (2) THE TEMPORARY OR PERMANENT INABILITY TO ACCESS OR RETRIEVE ANY CONTENT FROM THE SITE AND (3) DOWNLOADING INFORMATION CONTAINED ON THE SITE; INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM.

THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE TERMINATION OR EXPIRATION OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS RELATING TO IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.


Limitation of Liability

You expressly understand and agree that Truly Games LLC and its, officers, employees, agents, representatives and members will not be responsible or liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Truly Games LLC has been advised of the possibility of such damages), whether sounding in contract, tort, strict liability, warranty or other legal or equitable theory, resulting from: (i) the use or the inability to use the website; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) for any amounts that exceed the fees paid by you to Truly Games LLC under this Agreement during the six (6) month period prior to the occurrence giving rise to your claim or cause of action against Truly Games LLC; (vi) or any other matter arising out of or relating to the Service or your use thereof (including but not limited to security breaches relating to data stored in connection with the Service). Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to User. The limitations specified in this Section will survive termination or expiration of this Agreement and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.


Indemnification

You agree to indemnify, defend-and hold harmless Truly Games LLC, its officers, employees, agents, representatives, and members, as well as its contractors, and licensors, and their respective directors, officers, employees, members, shareholders and agents from and against any and all claims, liabilities, losses, actions, causes of action, demands, costs and expenses, including but not limited to attorneys' fees, arising out of your use of the Service (or any third party using User's account), your violation of this Agreement, or infringement of any intellectual property or other right of any person or entity in connection with the Service or your use thereof. The terms specified in this Section will survive termination or expiration of this Agreement.


Modification of Service

Website

We reserve the right at any time or periodically to modify or discontinue, temporarily or permanently, the website (or any part thereof) with or without notice. Such notice may be provided at any time by posting the changes to Truly Games LLC’s Web Site (www.card-pong.com). Truly Games LLC will not be responsible or liable to you or to any third party for any loss or damages resulting from modification, price change, suspension or discontinuance of the Service.


Other Vendors

The Service may contain links to other websites and vendors. Any such links to other web sites do not represent an endorsement, sponsorship, or approval of the material on and/or generally of such website(s). Such other websites are not within the supervision or control of Truly Games LLC or the Site. Unless explicitly otherwise provided, neither Truly Games LLC nor the Site make any representation or warranty whatsoever about any third party site that is linked to the Site, or endorse the products or services offered on such site. Truly Games LLC and the Site disclaim: (a) all responsibility and liability for content on third party websites and (b) any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against the Site or Truly Games LLC, and its directors, officers, employees, agents and members with respect to such sites and third party content.

Truly Games LLC assumes no liability for loss or damage as the result of the incorrect presentation of information, including prices and ratings, on any screen that results in a transaction of any kind, with a vendor found through using the Service.

Truly Games LLC provides no warranty or guarantee that you will receive the same results as shown in the aggregated data presented on job boards or any other rating system found in the Service.

Price Changes

We reserve the right to adjust pricing for the Products & Services offered on our website by our sole and absolute discretion.

Copyright and Content Ownership

The Site and its contents are intended solely for the use of Truly Games LLC and may only be used by Truly Games LLC unless otherwise authorized by Truly Games LLC. All materials displayed or performed on the Site, including, but not limited to text, data, information, graphics, logos, tools, photographs, images, illustrations, audio, video and animations ("Site Content") are the property of Truly Games LLC and/or third parties and are protected by United States and international copyright laws. All trademarks, service marks, and trade names are proprietary to Truly Games LLC and/or third parties. User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. Site Content and User Content are referred to collectively as "Content."

The Site is protected by copyright pursuant to U.S. copyright laws, international conventions, and other copyright laws. Except as explicitly permitted in the next paragraph of this Agreement, User may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any of the Site Content, software, materials, or Service in whole or in part.

User may download or copy the Site Content for his, her or its individual use only and not for any other person or entity, and provided that user maintains all copyright and other notices contained in such Site Content. User may not make multiple copies of the Site Content or otherwise distribute or transmit such Site Content to any other person or entity.

Your permission may be necessary to do things you ask us to do with your data. This includes choices we make to administer,-provide and maintain our Services. By entering into this Agreement, you agree to allow Truly Games LLC to do those things in order to and solely for the purpose of administering, providing and maintain the Services. This permission also extends to trusted third parties and other paid Users. You warrant, represent and agree that you have the right to grant Truly Games LLC and the Site the rights set forth above. You also represent, warrant and agree that you will not contribute any User Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless you own the trade secret or have the owner's permission to post it, (c) infringes any intellectual property right of another or on the privacy or publicity rights of another, (d) is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) contains a virus, Trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or (f) remains posted after you have has been notified that such User Content violates any of sections (a) to (e) of this sentence. Truly Games LLC reserves the right to remove any User Content from the Site, suspend or terminate your right to use the Service at any time, or pursue any other remedy or relief available to Truly Games LLC and/or the Site under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if Truly Games LLC is concerned that User may have breached the immediately preceding sentence), or for no reason at all.

Truly Games LLC does not pre-screen User Content, but Truly Games LLC and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

The Site, including but not limited to the look and feel of the Service, is copyright © 2016 Truly Games LLC all rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Truly Games LLC In cases in which such permission is given, all copyright and "powered by" notices, images and texts ("notices") in rendered pages and outgoing emails must be present. The location of the notice on the page may be altered so long as the notice remains clearly visible.


Privacy Policy

Please review our Privacy Policy, which governs the use of personal information on the Site and in connection with the Service, and to which Users agree to be bound as a condition of this Agreement and use of the Site and Service.


Resolution of Disputes

Any disputes arising out of the use of the Service shall be governed by the laws of California, without regard to any conflict of laws principles, and any proceedings shall solely be brought in Orange County, California. You consent to the exclusive jurisdiction of and venue Orange County, CA. You also acknowledge and agree that the venue provided for herein is the most convenient forum for both you and Truly Games LLC and waive any objection to jurisdiction and/or venue and any objection based on a more convenient forum in any action between you and Truly Games LLC (and/or its officers, directors, employees, members and agents) and/or otherwise in connection with the Service.

You also agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Orange County, California before a single JAMS, Inc. arbitrator, which arbitrator shall be selected and mutually agreed by the parties. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Arbitration Procedures in those Rules. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction in Orange County, California.

In any arbitration arising out of or related to this Agreement, the arbitrator is not empowered to award or assess damages against Truly Games LLC in excess of the amounts provided herein in the Limitations of Liability Section above. An award of punitive or exemplary damages, except where permitted by statute, is also not allowed and the parties waive any right to recover any such damages. However, the arbitrator shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration

Definitions

Bot(s) –means a software application that runs automated tasks to complete any task on or related to card-pong.com.

Service –means any and all services offered by Truly Games LLC.

Site Content –means any including, but not limited to text, data, information, graphics, logos, tools, photographs, images, illustrations, audio, video and animations that is on or in card-pong.com or any website, application, or software owned by Truly Games LLC.

User Content –means any including, but not limited to text, data, information, graphics, logos, tools, photographs, images, illustrations, audio, video and animations that is uploaded or contributed by any user. Advertisements are not permitted as User Content.

Truly Games LLC –means an Truly Games LLC company doing business as Truly Games LLC.

User –means any person, company, organization, or entity that is permitted under this agreement, to access card-pong.com.