Terms and Conditions
By executing the Software License Agreement (the “Agreement”) with www.internetcafe.games (“ICG”) you agree to the below Terms and Conditions:
YOUR OBLIGATIONS & PROHIBITED ACTIONS: You represent and warrant that You are in receipt of the Software and have inspected and tested the Software prior to acceptance of this Agreement. You shall not, nor attempt to, (1) modify, duplicate, prepare derivative works of, or reverse engineer the Software in any way, or (2) offer the Software in any manner that would violate any federal, state, or local law, regulation, or policy. You understand and agree that You are solely responsible for (1) withholding all taxes and fees associated with your use of the Software, and (2) ensuring the legality of your business operation and your use of the Software. You must maintain the confidentiality of this Agreement and the subject matter contained herein.
DISCLAIMER: The Software is provided “as is.” ICG makes no representations or warranties concerning the Software or our services, including that the Software will be free of errors, bugs, viruses, or other malware. Further, ICG expressly disclaims all other warranties, both express and implied, including but not limited to the implied warranties of merchantability, title, infringement, and of fitness for a particular purpose. ICG disclaims all liability for damage or losses arising from your use of the Software.
INDEMNIFICATION: You agree to defend, indemnify, and hold harmless ICG and our officers, directors, shareholders, employees, independent contractors, attorneys, and agents, from and against any and all claims, actions, losses, liabilities, expenses, damages, costs, fines, or penalties, including without limitation, legal and accounting fees, incurred through any and all claims against ICG, for all damages, whether special, indirect, consequential, incidental, exemplary, or compensatory, resulting or allegedly resulting from Your use of the Software and/or your business operations relating to the Software, including lost profits and/or injury to person or property, regardless of whether ICG was aware of the potential or actual existence of the same. In the event of a claim subject to indemnification, ICG shall be permitted to select our own counsel, and settle claims, after consultation with You.
NO AGENCY RELATIONSHIP: Nothing herein shall be deemed or interpreted to recognize any obligations, or principal-agent relationship, partnership, employment, joint venture, or business entity between ICG and You, or your employees, agents, affiliates, or merchants.
FORCE MAJEURE: ICG shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond its reasonable control, including but not limited to: acts of God, pandemics, failure of the telecommunications or information services infrastructure, hacking, SPAM, viruses, or any failure of a computer, server or software.
ASSIGNMENTS: The rights and liabilities of the Parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators. You will not assign, transfer, or delegate any of Your rights or obligations under this Agreement. However, ICG reserves the right to assign this Agreement in whole, or in part.
SEVERABILITY: If for any reason a court of competent jurisdiction or an arbitrator finds any portion of this Agreement to be unenforceable, that portion will be enforced to the maximum extent permissible, and the remainder of this Agreement will continue in full force and effect.
NO WAIVER: No action by ICG shall be deemed a waiver of any provision of this Agreement.
HEADINGS: All headings are solely for convenience and will not affect the meaning, construction, or effect of this Agreement.
ATTORNEY FEES: In the event of a legal action, the non-prevailing Party will pay the prevailing Party’s reasonable attorneys’ fees and costs incurred in connection with any legal action initiated by either Party in order to enforce the Agreement or any of its provisions, or in connection with any alleged dispute, breach, default, interpretation, or misrepresentation of the Agreement.
ARBITRATION, LAW, VENUE, AND JURISDICTION: Any dispute, controversy, claim, breach, or alleged breach relating to this Agreement will be submitted to, and settled by, arbitration in Orange County, Florida, pursuant to the American Arbitration Association (“AAA”) Arbitration Rules, upon the request of a Party. Any award rendered shall be final and conclusive upon the Parties and a judgment based on that award may be entered in the highest court of the forum, state, or federal, having jurisdiction. The laws of the State of Florida govern this Agreement. The Parties agree that the local, state, or federal courts in Orange County, Florida shall be the venue to hear any dispute arising from this Agreement.
NOTICES: Any notice or other communication which may be permitted or required under this Agreement must be in writing and delivered to ICG by electronic mail to firstname.lastname@example.org or by text message to (702)-209-0185 and to You by electronic mail to the email address associated with Your account or by text message to the phone number associated with Your account, and shall be deemed effective upon delivery.
Last updated Nov 10th 2021