<

Term and Conditions

Conditions of Use

Acceptance

By using or visiting the MyBarterGame.com (“MyBarterGame,” MyBarterGame.com, ” ” My Barter Game ” ) Website you signify your agreement to these terms and conditions (the “Terms of Use”), as well as MyBarterGame.com Privacy Policy, found at Privacy Policy, incorporated here by reference (collectively, “MyBarterGame.com Policies”). If you do not agree with the terms found in MyBarterGame.com Policies please do not use the Website.

MyBarterGame may, in its sole discretion, modify the terms of any of the MyBarterGame.com Policies. We will attempt to notify you of changes, but you are encouraged to periodically review the latest versions of MyBarterGame.com Policies.

Any and all information provided to MyBarterGame.com shall be completely accurate and truthful. You shall not access information you don’t have a right to access or possess (you have not and will not access other user’s passwords, usernames, etc.) You shall not access files reserved solely for MyBarterGame.com administrators.

By registering untruthfully you can and will be held liable for your actions and the consequences. This is considered unlawful access to proprietary information and MyBarterGame reserves the right to pursue legal action against you and any who assist you. You agree that your use of the MyBarterGame.com Website will not violate any local, national, or international law.

Member Submissions

After you become a MyBarterGame.com member, you may submit video content (“Member Videos”), audio content (“Member Audio”), pictorial content (“Member Pictures”), and textual content (“Member Commentary”). Member Videos and Member Commentary are collectively known as “Member Submissions.”

My Barter Game cannot guarantee confidentiality with respect to Member Submissions. You affirm, represent, and/or warrant that you own or have the necessary license(s), rights, consent(s), and/or permission(s) to use and authorize My Barter Game to use all copyright, trademark, trade secret, or other proprietary rights in and to any and all Member Submissions in the manner contemplated by the Website and these Terms of Use.

You will not submit material that is protected by copyright, trade mark, trade secret, or is otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of these rights or have permission from their rightful owner to publish the material and to grant My Barter Game all of the license rights granted herein.

By making Member Submissions to My Barter Game.com, you hereby grant My Barter Game a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your Member Submissions in connection with the LDSBoardGames.com Website and shall include the right of My Barter Game to use Member Submissions to promote MyBarterGame.com Website and business in any media now known or to be developed in the future.

Your submissions also grant to each user of the MyBarterGame.com Website a non-exclusive license to access your Member Submissions through the Website, and to use, reproduce, view, display, and perform the Member Submissions as permitted through the Website and under these Terms of Use.

Licenses granted by you terminate within a commercially reasonable time following your removal or deletion of videos and/or textual content from the MyBarterGame.com Service. However, you understand and agree that My Barter Game may retain, but not display, distribute, or perform, server copies of Member Submissions that have been removed or deleted.

Restrictions and Limitations

My Barter Game has the right to terminate membership and usage of any members who My Barter Game feels has violated any terms of any MyBarterGame.com Policies.

MyBarterGame.com material (including but not limited to articles, educational videos, art works, coding, database(s), graphics, logos, text, etc.) is copyrighted and shall not be used in any manner without written permission from My Barter Game l Games The MyBarterGame.com Website, and any documents or files provided by My Barter Game or its members are provided solely for your personal and non-commercial use. Member Submissions shall be viewed solely by streaming. “Streaming” means a contemporaneous digital transmission of an audiovisual work from MyBarterGame.com to a mechanism for real-time viewing only. You may not copy, reproduce, modify, create derivative works from, distribute, transmit, transfer, display, publish, license, or sell any information or services obtained from MyBarterGame.com without the prior express permission of My Barter Game.

You agree not to disable, circumvent, or interfere with security features of the MyBarterGame.com Website, including features preventing or restricting use or copying of any content or material in the Website.

You shall not solicit other MyBarterGame.com users and/or members. Soliciting registered Members of MyBarterGame.com is strictly prohibited, and legal action may be taken against any and all persons or companies soliciting registered Members of MyBarterGame.com.

While My Barter Game expects members to know and be responsible for abiding with governing body rules and regulations, as well as local, state, and federal laws, My Barter Game is not responsible for members who violate governing body rules or regulations or governmental laws. All members are responsible for their own actions, and violators are subject to account termination.

Members agree to only post accurate, truthful information in their MyBarterGame.com accounts. My Barter Game is not responsible for any statements, representations, or misrepresentation by Members.

Advertising and Links

My Barter Game may display advertisements or commercials (collectively, “advertising”) on Website pages that also contain Members’ information. Advertising will be visually separated from Members’ information, and reasonable attempts will be made to ensure that advertisers don’t imply endorsement or use of products or services by a Member. MyBarterGame.com Website may include links to different Internet sites. These links do not constitute endorsements of any services, products, or companies, and information on linked sites is not necessarily endorsed or approved by My Barter Game.

My Barter Game cannot be held responsible or liable for any damages caused by viruses when linking or linked to third party Internet sites.

My Barter Game does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the MyBarterGame.com Website, any hyperlinked website, or featured in any banner or other advertising.

Disclaimers

Registering with MyBarterGame.com or using MyBarterGame.com services constitutes your acceptance of all provisions of MyBarterGame.com Policies. If you do not agree with these provisions, you should discontinue all use of the Website immediately. My Barter Game reserves the right to amend these terms and conditions at any time and without notice. As a result, it is your responsibility to frequently check for revisions.

You agree that use of the MyBarterGame.com Website shall be at your sole risk. My Barter Game does not make any warranty as to the results obtained from its Website usage or as to the accuracy, reliability, intellectual property rights of or relating to, or content of any user submission or information, service, or merchandise provided through LDSBoardGames.com.

My Barter Game does not warrant that website service will be uninterrupted or error free. My Barter Game is not responsible or liable for any damages caused by viruses within this Website or in the channels of delivery.

My Barter Game does not endorse any Member Submission or any opinion or statement expressed therein, and My Barter Game disclaims any and all liability in connection with Member Submissions.

My Barter Game does not permit copyright or other infringing activities of intellectual property on its Website. My Barter Game reserves the right to remove Member Submissions and content without prior notice and will remove all Member Submissions and any other content if properly notified that a Member Submission or content infringes on another’s intellectual property rights.

WARRANTY DISCLAIMER:

YOU AGREE THAT YOUR USE OF THE MYBARTERGAME.COM WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DCAL GAMES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH ITS WEBSITE AND YOUR USE THEREOF. MY BARTER GAME MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ITS WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE MYBARTERGAME.COM WEBSITE AND MY BARTER GAME ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MYBARTERGAME.COM WEBSITE. MY BARTER GAME WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTIES, OR A PROVIDER OF PRODUCTS OR SERVICES. YOU MUST USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE AND WHEN DEALING WITH THIRD PARTIES.

Limitation of Liability

IN NO EVENT SHALL MY BARTER GAME, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, ANY VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MYBARTERGAME.COM WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DCAL GAMES IS ADVISED OF THE POSSIBILITY OF DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT DCAL GAMES SHALL NOT BE LIABLE FOR MEMBER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is managed and offered by My Barter Game from the United States of America. My Barter Game makes no representations that the MyBarterGame.com Website is appropriate or available for use in other countries. By accessing or using the Website from other jurisdictions you do so at your own risk and are responsible for compliance with local laws.

Legal Consent to Terms of Use

You affirm that you are an emancipated minor, possess legal parental or guardian consent, or are more than eighteen (18) years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. If you are not 18 years of age, discuss your intentions and obtain legal parental or guardian consent with regard to My Barter Game prior to obtaining a MyBarterGame.com membership.

Assignment

You agree that these Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you. My Barter Game may assign its interests in the Terms of Use, and any rights and licenses.

Indemnity

You agree to defend, indemnify, and hold harmless My Barter Game, its parent corporation, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

Your use of and access to the MyBarterGame.com Website;

Your violation of any term of these Terms of Use;

Your violation of any third party right, including without limitation any copyright, property, or privacy right; or

Any claim that one of your Member Submissions caused damage to a third party.

This defense and indemnification obligation will survive these Terms of Use and your use of the MyBarterGame.com Website.

Miscellaneous

These Terms of Use shall be governed by the substantive laws of the State of Arizona, without respect to its conflict of laws principles.

The MyBarterGame.com Website shall be deemed Solely based in the State of Arizona, and A passive website that does not give rise to personal jurisdiction over MyBarterGame.com, either specific or general, in jurisdictions other than Arizona.

Any claim or dispute between you and My Barter Game that arises in whole or in part from the My Barter Game Website shall be decided exclusively by a court of competent jurisdiction located in MaricopaCounty, Arizona. These Terms of Use, together with the MyBarterGame.com Privacy Policy to be found at Privacy Policy, and any other legal notices published by My Barter Game on its website, shall constitute the entire agreement between you and My Barter Game concerning the MyBarterGame.com Website. If a court of competent jurisdiction deems any provision of these Terms of Use invalid, the invalidity of the provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of the term or any other term, and My Barter Game failure to assert any right or provision under these Terms of Use shall not constitute a waiver of the right or provision.

My Barter Game reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for changes. Your use of the MyBarterGame.com Website following any modification of these Terms of Use shall signify your assent to and acceptance of revised terms.

You and My Barter Game agree that any cause of action arising out of or related to the MyBarterGame.com Website must commence within one (1) year after the cause of action accrues. Otherwise, the cause of action shall be permanently barred.

Intellectual Property

These terms were last modified on February 24, 2015

My Barter Game, all rights reserved.