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Any notes, message/billboard postings, ideas, suggestions, concepts or other material submitted will become the property of Dave & Buster's throughout the universe, and Dave & Buster's shall be entitled to use the material for any type of use forever including in any media whether now known or hereafter devised. When visitors submit material to Dave & Buster's or the Web Sites, visitors agree that Dave & Buster's has the right to publish the material for any type of use as outlined above including promotional and advertising purposes.
Dave & Buster's is not responsible for any material posted on its Forums, including, but not limited to social media sites such as Facebook, Twitter, etc. Visitors shall not submit or otherwise publish through such Forums any content which:
a. libels, defames or invades privacy, or is obscene, pornographic, abusive, or threatening;
b. infringes any intellectual property or other right of any entity or person, including, but not limited to violating anyone's copyrights or trademarks;
c. violates any law;
d. advocates illegal activity;
e. advertises or otherwise solicits funds or is a solicitation for goods or services;
f. impersonates or misrepresents your association with any person or entity; or
g. conceals or misrepresents the origin thereof.
For the Web Sites which can be accessed through AOL, all AOL guidelines regarding appropriate online behavior will be enforced.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DAVE & Buster's WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DAVE & Buster's HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THE WEB SITES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES PROVIDED HEREUNDER.
In some jurisdictions, Dave & Buster's is not permitted to limit liability, and, therefore, such limitations may not apply to you. If allowed by law and notwithstanding the foregoing, Dave & Buster's maximum liability shall be limited to $100.00.
By this Agreement, you and Dave & Buster's both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.
Dave & Buster's reserves all rights, including but not limited to any and all Intellectual Property, patents, trade secrets, and any other proprietary right that it may have in respect to the Web Sites, the content thereof, and goods and services that may be provided. By making services available to you, Dave & Buster's is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of the Web Sites or services or any and all Intellectual Property, patents, trade secrets and any other proprietary right that Dave & Buster's may have with respect to the Web Sites without Dave & Buster's prior written consent.
If you believe that your property has been used in any way that could be considered an infringement or a violation of any intellectual property rights, please contact Dave & Buster's at:
Dave & Buster's, Inc.
Attn: General Counsel
2481 Manana Drive
Dallas, TX 75220
Unless otherwise specified, the materials in the Web Sites are presented solely for the purpose of entertainment and promoting programs, services and other products available in the United States, its territories, possessions, and protectorates. The Web Sites are controlled and operated by Dave & Buster's from its offices within the State of Texas, United States of America. Dave & Buster's makes no representation that materials in the Web Sites are appropriate or available for use in other locations. Those who choose to access the Web Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Dave & Buster's.