Trademarks, Copyrights and Restrictions
The materials in the Web Sites may contain forward-looking statements that involve assumptions regarding Via Entertainment operations and future prospects. Although Via Entertainment believes its expectations are based on reasonable assumptions, such statements are subject to risk and uncertainty, including, among other things, certain economic conditions, competition, development factors and operating costs. For additional information on risk factors, please see our filings with the Securities and Exchange Commission, which are available at http://ir.daveandbusters.com/. Caution should be taken that these factors could cause the actual results to differ from those stated or implied in the Web Sites.
Any notes, message/billboard postings, ideas, suggestions, concepts or other material submitted will become the property of Via Entertainment throughout the universe, and Via Entertainment 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 Via Entertainment or the Web Sites, visitors agree that Via Entertainment has the right to publish the material for any type of use as outlined above including promotional and advertising purposes.
Via Entertainment is not responsible for any material posted on its Forums, including, but not limited to social media sites such as www.facebook.com, www.twitter.com, etc. Visitors shall not submit or otherwise publish through such Forums any content which:
libels, defames or invades privacy, or is obscene, pornographic, abusive, or threatening;
infringes any intellectual property or other right of any entity or person, including, but not limited to violating anyone’s copyrights or trademarks;
violates any law;advocates illegal activity;
advertises or otherwise solicits funds or is a solicitation for goods or services;
impersonates or misrepresents your association with any person or entity;
or conceals or misrepresents the origin thereof.
LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT Via Entertainment 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 Via Entertainment 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, Via Entertainment is not permitted to limit liability, and, therefore, such limitations may not apply to you. If allowed by law and notwithstanding the foregoing, Via Entertainment maximum liability shall be limited to $100.00.
Waiver of Punitive Damage Claims and Class Actions
By this Agreement, you and Via Entertainment 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.
Reservation of Rights Via Entertainment 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, Via Entertainment 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 Via Entertainment may have with respect to the Web Sites without Via Entertainment prior written consent.
Notification of Infringement of Intellectual Property Rights 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 Via Entertainment at:
Via Entertainment, Inc., 10401 US-441, Leesburg, FL 34788, Attn: General Counsel
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 Via Entertainment from its offices within the State of Texas, United States of America. Via Entertainment 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 Via Entertainment.