Terms & Conditions

Paybackgames Terms Of Service
Paybackgames Terms of Use
This Website is an interactive online service operated by Paybackgames LLC. ("PBG"), whose
principal place of business is at 809 Royce Dr. Lafayette Indiana 47909. We are glad you have
decided to join our community, and we look forward to your involvement with this Website. This
terms of use agreement (the "Agreement") applies to all Websites offered by PBG including
future launches (collectively, the "Services").
YOUR ACCESS AND USE OF THE SERVICES IS SUBJECT TO THIS AGREEMENT
AND ALL APPLICABLE LAWS. IN ORDER TO USE THE SERVICES, YOU MUST
FIRST ACCEPT THE AGREEMENT. BY ACCESSING OR USING ANY PART OF THE
SERVICES, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THIS
AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY,
YOU MAY NOT USE THE SERVICES. THIS AGREEMENT IS SUBJECT TO CHANGE
BY PBG AT ANY TIME, EFFECTIVE WHEN POSTED ON THE SERVICE. YOUR
CONTINUED USE AFTER SUCH NOTICE WILL CONSTITUTE ACCEPTANCE BY
YOU OF SUCH CHANGES.
1. General: (A) This Agreement sets forth the terms and conditions that apply to your use of the
Services. Without limitation, by using or accessing the Services, you agree to comply with all of
the terms and conditions hereof. The right to use the Services is personal to you and is not
transferable to any other person or entity. You are responsible and liable for protecting the
confidentiality of your password(s), if any, and are fully responsible for the use of the Services
by any other person you permit to access the Services. Please notify PBG immediately of any
unauthorized use of your password and account or any other breach of security.
(B) PBG may at any time change or discontinue any aspect or feature of the Services, including,
but not limited to, content, hours of availability, and equipment needed for access or use.
2. Changed Terms: PBG may at any time change or modify these terms and conditions
applicable to your use of the Services , or any part thereof, or to impose new conditions,
including, but not limited to, adding fees and charges for use. Such changes, modifications,
additions or deletions will be effective immediately upon notice thereof, which may be given by
means including, but not limited to, posting on the Website, or by electronic or conventional
mail, or by any other means by which you obtain notice thereof. Any use of the Services by you
after such notice will be deemed to constitute your acceptance of such changes, modifications,
additions or deletions. If any modification, change, addition or change to these terms and
conditions is not acceptable to you, your only recourse is to terminate this Agreement and refrain
from using and accessing the Services.
3. Equipment: You are responsible for obtaining and maintaining all telephone, computer
hardware, software and other equipment needed for access to and use of the Services and all
charges related thereto.
4. About Our Services: (A) As a commitment to our users, we currently provide you with access
to a rich collection of online resources, including various communication and social networking
tools, online forums, ladders, tournaments, leagues, news, reviews, personalized content and
branded programming. Some Services are presently provided free of charge, but it is possible
that PBG may charge for certain Services in the future. PBG will not charge you for any such
Services unless you provide affirmative consent prior to such charges.
(B) Service Limitations: We do our best to make your experience with the Services a pleasurable
one. However, we cannot always foresee or anticipate technical or other difficulties. These
difficulties may result in loss of data, personalization settings or other service interruptions.
Therefore, you agree that the Services are provided on an "AS IS" and "AS AVAILABLE" basis.
PBG does not assume responsibility for the timeliness, deletion, non-delivery or failure to store
any user data, communications or personalization settings.
(C) Service Changes and Discontinuation: PBG reserves the right to change or discontinue,
temporarily or permanently, the Services at any time without notice. You agree that PBG will not
be liable to you or any third party for any modification or discontinuance of the Services.
(D) Sometimes when you use the Services, you may (as a result of, or through your use of the
Services) use a service or download a piece of software, or purchase goods, which are provided
by another individual or company. Your use of these other services, software or goods may be
subject to separate terms between you and such other company or individual. If so, this
Agreement does not affect your legal relationship with such other companies or individuals.
5. Your Conduct: (A) You shall provide true, accurate, current and complete information about
yourself as requested in the Website's registration forms. Accurate records help us create better
sites and provide us with opportunities to identify new services or products that may interest you.
Please update your registration data to keep it current and accurate.
(B) You shall use the Services for non-commercial, lawful purposes only. Any other use, or
commercial use, of the Services requires the prior written approval of PBG.
(C) You shall not post or transmit through the Services anything that contains content that:
· is defamatory, abusive, obscene, profane or offensive;
· infringes or violates another party's intellectual property rights (such as music, videos,
photos or other materials for which you do not have written authority from the owner of
such materials to post on the Service);
· violates any party's right of publicity or right of privacy;
· is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any
kind against any group or individual;
· promotes or encourages violence;
· is inaccurate, false or misleading in any way;
· is illegal or promotes any illegal activities;
· promotes illegal or unauthorized copying of another person's copyrighted work or links to
them or providing information to circumvent security measures;
· contains software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or hardware or
telecommunications equipment; or
· contains any advertising, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation.
These categories of prohibited content are merely examples and are not intended to be
exhaustive. Any conduct by you that, in PBG's sole discretion, restricts or inhibits any other user
from using or enjoying the Services will not be permitted. PBG shall have the right, but not the
obligation, to monitor the content of the Services , including chat rooms and forums, to
determine compliance with this Agreement and any operating rules established by PBG and to
satisfy any law, regulation or authorized government request. PBG will make the sole
determinations as to what content is acceptable in its sole discretion. PBG may include, edit or
remove any content at any time without notice, in its sole discretion. Without limiting any other
rights or remedies of PBG, violations of the foregoing may result in removal of the prohibited
communications and/or termination of your access to the Services.
You understand that, when using the Services, you will be exposed to content from a variety of
sources, and that PBG is not responsible for the accuracy, usefulness, safety, or intellectual
property rights of or relating to such content. You further understand and acknowledge that you
may be exposed to content that is inaccurate, offensive, indecent, or objectionable. If you do so
object, you should not use the Services. PBG does not pre-screen or endorse any member content
and is not responsible or liable under any circumstances for such content.
(D) You understand that access to the Services may result in access to other users' names, screen
names, e-mail addresses, or other user information (collectively, "User Information"), and you
acknowledge and agree that such User Information and any PBG Services constitute proprietary
and confidential information that is protected by applicable intellectual property and other laws
and treaties. You agree not to data scrape, copy, aggregate, redistribute, alter, reproduce or re-use
for commercial purposes any user's (whether specific to any particular user or as an aggregation)
information accessible through the Services. You further agree not to disclose or otherwise use
any proprietary or confidential information appearing on the Services without the prior written
consent of PBG, whether such information is labeled "confidential" or "proprietary" or could
reasonably be regarded as confidential or proprietary.
(E) The Website contains copyrighted material, trademarks and other proprietary information,
including, but not limited to, text, software, photos, video, graphics, music and sound. The entire
contents of the Website are copyrighted as a collective work under the United States copyright
laws. PBG owns a copyright in the selection, coordination, arrangement and enhancement of
such content, as well as in the content original to it. You may not modify, publish, transmit,
participate in the transfer or sale, create derivative works, or in any way exploit, any of the
content, in whole or in part. Except as otherwise expressly permitted under copyright law, no
copying, redistribution, retransmission, publication or commercial or non-commercial
exploitation of material on the Website will be permitted without the express permission of PBG
and the copyright owner. In the event of any permitted copying, redistribution or publication of
copyrighted material, no changes in or deletion of author attribution, trademark legend or
copyright notice shall be made. You acknowledge that you do not acquire any ownership rights
by accessing or otherwise using copyrighted material.
(F) You shall not upload, post, submit or otherwise make available on the Website any third-party
material protected by copyright, trademark or other proprietary right without the express
permission of the owner of the copyright, trademark or other proprietary right and the burden of
determining that any material is not protected by copyright rests with you. You shall be solely
liable for any damage resulting from any infringement of copyrights, proprietary rights, or any
other harm resulting from such a submission. By submitting material to any public area of the
Website , or otherwise submitting materials to PBG, you automatically grant, or warrant that the
owner of such material has expressly granted PBG the royalty-free, perpetual, irrevocable, nonexclusive
right and license to use, reproduce, modify, adapt, publish, translate, edit, creative
derivative works from, distribute, and sub-license such material (in whole or in part, through
multiple tiers and/or via syndication) worldwide and/or to incorporate it in other works in any
form, media or technology now known or hereafter developed for the full term of any copyright
that may exist in such material. You also permit any other user to access, view, store or reproduce
the material for their personal use. Please note that PBG does not want to receive confidential
information from any user and any information received will be deemed NOT to be confidential.
(G) As part of the Services, PBG may offer you the ability to include certain personal
information in your public PBG profile. You acknowledge that if you choose to include personal
information your public profile, then you are allowing others to view and access such
information. The PBG profile functionality may also include the ability to link your Xbox LIVE
and PlayStation Network account information. Such functionality requires that you provide PBG
your Xbox LIVE and/or PlayStation Network account login information. By providing such
information, you consent to PBG submitting such information to Sony and/or Microsoft
authentication servers to access and retrieve information associated with such accounts,
including trophy, achievement, and video game data.
(H) PBG offers its users the opportunity to participate in certain online competitions and
tournaments, some of which may have prizes for the winners. If you participate in such online
competitions and tournaments, you may be required to sign an Affidavit of Eligibility/Publicity
and Liability Release and report as taxable income the value of any such prizes received by you.
To collect a prize, you may be required to provide a valid Social Security number or other tax
identification number and any other information reasonably requested by PBG. PBG and/or any
sponsor who provides a particular prize may report the value of the prize to federal and/or state
taxing authorities.
(I) The foregoing provisions of this Section 5 are for the benefit of PBG, PBG affiliated
companies and its third party content providers and licensors and each shall have the right to
assert and enforce such provisions directly or on its own behalf.
6. General Terms of Purchase: The terms in this section relate to items and services available
for purchase through the Services:
(A) The goods sold through the Services are shipped from various states and, therefore, tax may
be charged and collected on all taxable shipments. For all shipments outside of the United States,
the customer is responsible for all taxes, customs, and/or import duties. All items purchased from
PBG are made pursuant to a shipment contract. This means that the risk of loss and title for such
items pass to you upon our delivery to the carrier. Listed prices may be changed by PBG at any
time without notice to you. The prices listed on the Services do not guarantee those purchase
prices until payment is made. If an incorrect price for a product is listed due to typographical or
other error, PBG has the right to refuse or cancel any orders placed for such products listed at the
incorrect price, whether or not the order has been confirmed or your credit card charged. If your
credit card has already been charged for the purchase and your order is refused or canceled by
PBG, PBG will promptly issue a credit to your credit card account in the amount of the charge.
(B) PBG may offer for sale a high-definition live video streaming service (the "PBG TV ")
during some of its live events, including future PBG national events. You are responsible for
making all arrangements necessary for you to have access to our PBG TV Stream. System
requirements for the PBG TV service will be posted at launch date (TBA).
If you purchase a PBG TV Stream, you will be limited one PBG TV Stream on a single computer
at any given time. If you want to use more than one computer at any given time to access a PBG
TV Stream, you will be required to pay for a separate PBG TV Stream for each computer. You
are also responsible for ensuring that all persons accessing the PBG TV Streams through your
internet connection and/or computer are aware of these terms and that they comply with them.
We reserve the right to amend the PBG TV Streams with or without notice. The fees for the PBG
TV Streams are not refundable under any circumstances.
(C) Event Passes: PBG Event Passes will be available from the chosen ticket distributor and
online. Every event will have their own terms of service so please refer to that Event for this
information.
(D) PBG Credits: PBG Credits allow you access to a number of PBG Services, including paid
ladders and online tournaments. You will not be able to redeem PBG Services that require credits
if you have insufficient PBG Credits. Any items received as a result of a redemption of PBG
Credits may not be exchanged or returned for cash or credit. PBG Credits are not refundable
under any circumstances, including in the event that your account is terminated or banned by
PBG. You may transfer PBG Credits to existing members as long as they are eligible to receive
and use credits based on their state laws and PBG's Terms of Service.
7. Disclaimer of Warranty; Limitation of Liability: (A) USE OF THE SERVICES IS AT
YOUR SOLE RISK. NEITHER PBG, PBG'S AFFILIATED COMPANIES, PBG'S NONAFFILIATED
PARTNERS, NOR ANY OF THEIR RESPECTIVE PARENT COMPANIES,
AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD
PARTY CONTENT PROVIDERS, SPONSORS OR LICENSORS (COLLECTIVELY THE
"PBG PARTIES") WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO
THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO
THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR
MERCHANDISE PROVIDED OR PURCHASED THROUGH THE SERVICES. ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH THE
SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE OR POTENTIAL DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE ACQUISITION OF SUCH
MATERIAL.
(B) PBG PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS,
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR
PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND
INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS
APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY AND WARRANTY APPLIES TO ANY DAMAGES
OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER
FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY
OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT PBG IS NOT
LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER
USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING
RESTS ENTIRELY WITH YOU.
(D) IN NO EVENT WILL PBG, THE PBG PARTIES, OR ANY PERSON OR ENTITY
INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES, BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF THE SERVICES,
INCLUDING WITHOUT LIMITATION: (I) ANY RELIANCE PLACED BY YOU ON THE
COMPLETENESS OR ACCURACY OF THE INFORMATION ON THE SERVICES; (II) ANY
CHANGES WHICH PBG MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT
OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES; (III) THE
DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND
OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR
THROUGH YOUR USE OF THE SERVICES; (IV) YOUR FAILURE TO PROVIDE PBG
WITH ACCURATE ACCOUNT INFORMATION; (V) YOUR FAILURE TO KEEP YOUR
PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. YOU HEREBY
ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL
ASPECTS OF THE SERVICES.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER PBG, NOR THE PBG
PARTIES, WILL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY
ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS
OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SERVICES,
OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU,
OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED
THEREBY. NONE OF THE PBG PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY
CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST
PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES, AND ANY AGGREGATE,
TOTAL LIABILITY OF THE PBG PARTIES TO YOU FOR ALL DAMAGES, INJURY,
LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE)
ARISING FROM OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY
TO USE THE SERVICESSHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN
AMOUNT NOT TO EXCEED THE GREATER OF: (I) THE AMOUNT, IF ANY, PAID BY
YOU IN CONNECTION WITH YOUR USE OF THE SERVICES AND RETAINED BY PBG
OR (II) ONE HUNDRED DOLLARS ($100).
(F) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
CERTAIN LIABILITY OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU. IN SUCH JURISDICTIONS, PBG'S LIABILITY IS LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
8. Arbitration: Any controversy, claim or dispute arising out of or relating to this Agreement, its
breach or claimed breach shall be settled by arbitration administered by the American Arbitration
Association in accordance with its Commercial Rules including Emergency Interim Relief
Procedure in Lafayette, Indiana, except that, to the extent you have in any manner violated or
threatened to violate PBG's intellectual property or confidentiality rights, PBG may seek
injunctive, monetary or other appropriate relief in any state or federal court in the state of Indiana
(and PBG may assert both intellectual property causes of action and other appropriate causes of
action in any such action), and you consent to exclusive jurisdiction and venue in such courts.
The arbitrator's award shall be binding and may be entered as a judgment in any court of
competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this
Agreement shall be joined to an arbitration involving any other party subject to this Agreement,
whether through class arbitration proceedings or otherwise. The arbitrator is authorized to grant
PBG its reasonable fees and costs (including reasonable attorney's fees) incurred by PBG in any
action to enforce these Terms of Use.
9. Advertisements: Some of the Services provided by PBG are supported by advertising revenue
and may display advertisements and promotions. In consideration for PBG granting you access
to and use of the Services, you agree that PBG may place advertising on the Services. You
further agree that the manner, mode and extent of advertising by PBG on the Services are subject
to change without specific notice to you.
10. Indemnification: You agree to defend, indemnify and hold harmless PBG and the PBG
Parties from and against all claims and expenses, including attorneys' fees, resulting from (i) any
breach of this Agreement or your negligent and wrongful conduct; (ii) your use and access of the
Services , including the posting of any content on this Website by you; and (iii) a violation by
you of any applicable law.
11. Termination: You may unsubscribe at any time by sending an unsubscribe request to us at
remove@paybackgames.com and we will process your request within a reasonable time after
receipt. Without limiting the foregoing, PBG shall have the right to immediately terminate any of
your passwords or accounts if:
(A) you have breached any provision of the Agreement (or have acted in a manner which clearly
shows that you do not intend to, or are unable to comply with the provisions of the Agreement);
or
(B) PBG is required to do so by law; or
(C) the partner with whom PBG offered the Services to you has terminated its relationship with
PBG or ceased to offer the Services to you; or
(D) PBG is transitioning to no longer providing the Services to users in the country in which you
are a resident or from which you use the Services.
Sections 4, 5, 6, 7, 8, 10, 12, 13, 14, 15, 16, 17 and this Section 11 will survive termination of
this Agreement.
12. Intellectual Property: PBG, Paybackgames, the PBG logo and the tagline "You Paid For
The Game, Get Paid Back" are the exclusive property of PBG. All rights reserved. All other
trademarks appearing on the Services are the property of PBG, affiliates of PBG, or their
respective owners. Unless you have agreed otherwise in writing with PBG, you agree that
nothing in this Agreement gives you a right to use any of PBG's trade names, trademarks, service
marks, logos, domain names, and other distinctive brand features. You further agree that you
shall not use any trademark, service mark, trade name, logo of any other company or
organization in a way that is likely or intended to cause confusion about the owner or authorized
user of such marks, names or logos.
13. Third Party Content: PBG is a distributor (and not a publisher) of content supplied by third
parties and users of the Services. Accordingly, PBG has no more editorial control over such
content than does a public library, bookstore, or newsstand. Any opinions, advice, statements,
services, offers, or other information or content expressed or made available by third parties,
including information providers, or any user of the Services , are those of the respective author(s)
or distributor(s) and not of PBG. Neither PBG nor any third-party provider of information
guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or
fitness for any particular purpose. (Refer to Section 7 above for the complete provisions
governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through the Services represents the opinions and
judgments of the respective information provider or users not under contract with PBG. PBG
neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or
statement made through the Services. Under no circumstances will PBG be liable for any loss or
damage caused by your reliance on information obtained through the Services. It is your
responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion,
advice or other content available through the Services.
14. Other Content: The Services may include hyperlinks to other websites or content or
resources. PBG has no control over websites or resources that are provided by companies or
persons other than PBG. You agree that PBG is not responsible for the availability of any such
external websites or resources, and does not endorse any advertising, products or other materials
on or available from such websites or resources. You agree that PBG is not liable for any loss or
damage which may be incurred by you as a result of the availability of those external websites or
resources, or as a result of any reliance placed by you on the completeness, accuracy or existence
of any advertising, products or other materials on, or available from, such websites or resources.
15. Miscellaneous: This Agreement (which hereby incorporates by reference any other
provisions applicable to use of the Services , including, but not limited to, any supplemental
terms governing the use of certain specific material contained on the Website and any operating
rules for the Services established by PBG) constitutes the entire agreement of the parties with
respect to the subject matter hereof, and supersedes all previous written or oral agreements
between the parties with respect to such subject matter. The provisions of this Agreement will be
deemed severable, and the unenforceability of any one or more provisions will not affect the
enforceability of any other provisions. In addition, if any provision of the Agreement, for any
reason, is declared to be unenforceable, the parties will substitute an enforceable provision that,
to the maximum extent possible under applicable law, preserves the original intentions and
economic positions of the parties. This Agreement shall be construed in accordance with the laws
of the State of Indiana, without regard to its conflict of laws rules. Notwithstanding this, you
agree that PBG may still apply for injunctive remedies (or an equivalent type of urgent legal
relief) in any jurisdiction. The failure by PBG to partially or fully exercise any rights or the
waiver of any breach of this Agreement by you, shall not prevent a subsequent exercise of such
right by us or be deemed a waiver by PBG of any subsequent breach by you of the same or any
other term of this Agreement. PBG's rights and remedies under this Agreement shall be
cumulative, and the exercise of any such right or remedy shall not limit PBG's right to exercise
any other right or remedy.
The section headings used herein are for convenience only and shall not be given any legal
import.
16. Privacy Policy: PBG knows that the privacy of your personal information is important to
you. For more information about PBG's data protection practices, please read our Privacy Policy,
which is incorporated by reference in this Agreement. The Privacy Policy explains how PBG
treats your personal information, and protects your privacy, when you use the Services. By
accessing or using the Services, you agree to the use of your information in accordance with
PBG's Privacy Policy.
17. DMCA Notice: PBG owns, protects and enforces copyrights in its own creative material and
respects the copyright properties of others. Materials may be made available on or via the
Services by third parties not within the control of PBG. It is our policy not to permit materials
known by us to be infringing to remain on this Site and to terminate relationships regarding
content with third parties repeatedly infringing the copyrights of others.
You should notify us promptly if you believe any materials on the Services infringe a third party
copyright. Upon our receipt of a proper notice of claimed infringement under the Digital
Millennium Copyright Act ("DMCA"), PBG will respond expeditiously to follow the procedures
specified in the DMCA to resolve the claim between the notifying party and the alleged infringer
who provided the content in issue, including, where applicable, removing, or disabling access to
material claimed to be infringing or by removing or disabling access to links to such material.
Pursuant to the DMCA 17 U.S.C. 512 (c), PBG has designated the law firm of Stuart and
Branigin as the firm to handle all copyright infringement situations.
The contact information is:
Stuart & Branigin LLP
300 Main Street, Suite 900
P.O. Box 1010
Lafayette, IN 47902-1010
Questions: Should you have any questions regarding this Agreement you may contact us through
the Website or e-mail support@paybackgames.com.
Effective Date: This Agreement was last updated on Sept. 22nd, 2012.
© 2012 Paybackgames LLC