FPS Lounge™
Terms & Conditions
Introduction
Welcome to our website (“Site”). This Site is owned and operated by FPS Lounge, Inc. (“FPS Lounge™”). This is a binding contractual agreement between you and FPS Lounge™.
The Terms & Conditions (as defined below), and all rules for all sweepstakes, games and other contests are incorporated into one another by reference and are referred to individually and collectively as the “Agreement.”
Your visitation, registration for an account, access and/or use of this Site constitutes your acceptance of this Agreement (as defined below). FPS Lounge™ may modify the Agreement at any time without prior notice to you. Such modification shall be effective immediately upon the first of the following events to occur: (1) posting of the modified Agreement to the website, or (2) upon otherwise notifying you of the modified Agreement. You agree to periodically review the terms and conditions set forth in this Agreement to ensure that you are aware of any modifications.
You agree to do business with FPS Lounge™ electronically. By agreeing to do business electronically, you (i) consent to the electronic communication and delivery of all documents related to the Site and all other goods and services provided via the Site; and (ii) agree that your act of clicking your consent to this Agreement is a binding form of your electronic signature, which you agree binds you to this Agreement and the Privacy Policy.
NOTIFICATION OF ARBITRATION CLAUSE AND CLASS ACTION/JURY TRIAL WAIVER
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL BINDING ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION, AS SET FORTH BELOW.
Definitions
"Agreement" means these Terms & Conditions and the Privacy Policy.
"Personally Identifiable Information" means any information that identifies a natural person, such as name, Social Security Number or other government-issued number, date of birth, address, telephone number, biometric data, and the like.
“Person” means a natural person, entity organized under the laws of a governmental authority or unincorporated association or organization, unless otherwise specified.
“Site” means any and all pages of the website (individually and collectively) you are viewing at the moment, and also includes any and all websites on which the Agreement is posted.
"User" or "you" or "your" refers to any and all natural persons who visit, create an account with, access or use this Site in any way imaginable, whether through existing technology or through technology not heretofore manufactured, devised or discovered, or who request, purchase, subscribe to, access, or otherwise use the goods and services offered on this Site.
Prices and Payment Terms
You agree that the order you place on our Site is an offer to buy, under these Terms, all services listed in your order. All orders must be accepted by us or we will not be obligated to sell the services to you. We may choose not to accept orders at our sole discretion. Your order may be to add funds to your account and you may subsequently use those funds to select the services you would like to purchase (such as gaming packages or coaching).
All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a service will be the price in effect at the time the order is placed and will be set out in your order confirmation. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes. All such taxes will be added to your order total, and will be itemized in your shopping cart and in your order confirmation. We make commercially reasonable efforts to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept most major credit cards and certain cryptocurrencies for purchases. If your payment method is declined, we will attempt to process your charge until the transaction is approved. We and our third-party payment processors may request receive, updated payment method information from your payment method issuer (i.e., credit card company), such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our payment processors, we will update your account information accordingly, and will use such updated information to process payments for your future purchases. Your payment method issuer may give you the right to opt out of providing vendors and payment processors with your updated information. If you wish to opt out of your payment method issuer from providing updated information, you should contact your payment method issuer. We are not responsible for any fees or charges that your payment method issuer may apply. You represent and warrant that (i) the payment method information you supply to us is true, correct and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by the payment method company (e.g., credit card company), and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
We use third-party payment processors for invoicing and payment processing of purchases through our Site. Currently we use: (i) Stripe, Inc. and its affiliates, whose terms of service at www.stripe.com/checkout/legal and privacy policy at www.stripe.com/privacy are hereby incorporated by reference; and (ii) Paypal, Inc. and its affiliates. By purchasing services through our Site, you agree to pay, through the payment processor all charges at the prices then in effect for any use of such services in accordance with the applicable payment terms, and you authorize us, through the payment processor, to charge your chosen payment method. We are not responsible for any error by, or other acts of omissions of the payment processor. If you choose to pay using cryptocurrency you are responsible for payment of all fees associated with each such payment, e.g., gas fees on the Ethereum blockchain.
Refunds
By accessing and using the Service, you agree to and accept the standard terms and conditions of any and all payment providers offered by, through or on the Service.
All sales and purchases are final and refunds shall not be offered or given. Notwithstanding the finality of all purchases, FPS Lounge may, under extreme circumstances and in its sole discretion, offer to refund all or a portion of a given purchase.
Refunds
You irrevocably grant FPS Lounge™ permission to access, process and otherwise use your Content (as defined below) in order to provide products and/or services to you, to track and analyze your use of the Service, and make your Content available to other users of the Service and other third parties, and for the purposes as otherwise set for in the FPS Lounge™ privacy policy. To the extent that you have intellectual property rights in your Content, you hereby irrevocably grant to FPS Lounge™ a nonexclusive, worldwide, perpetual, royalty-free, fully-paid up, sublicensable (through multiple tiers), transferable license to reproduce, publicly display, publicly perform, distribute, prepare derivative works from and otherwise use your Content for the purposes outlined in this Agreement. You agree, represent and warrant that your Content does not constitute or embody any person’s or entity’s confidential information, including yours. “Content” means text, images, photos, audio, video and/or audiovisual data or information, and all other forms of data, information or communication. The phrase “your Content” means Content submitted or transmitted by you.
You represent and warrant that you own your Content and that submitting or transmitting your Content to or through the Service will not violate the rights of any third party, including intellectual property, privacy or publicity rights. FPS Lounge™ is under no obligation to review or screen your or other Service users’ Content. If you believe that another user has violated any of your intellectual property rights, you may initiate the procedures outlined in FPS Lounge’s™ policy concerning claims that Content accessed through the Service infringes intellectual property rights as set forth below.
You agree that FPS Lounge™ may process and use your personally identifiable information in the manner set forth in its privacy policy. The privacy policy applies only to the Service and does not apply to any third party website or service linked to the Service or recommended or referred to through the Service by FPS Lounge™ or other Service users.
YOU UNDERSTAND AND AGREE THAT SHARING CONTENT ONLINE INVOLVES RISKS OF UNAUTHORIZED DISCLOSURE OR EXPOSURE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION AND THAT, IN SUBMITTING YOUR CONTENT TO OR TRANSMITTING IT THROUGH THE SERVICE, YOU ASSUME THESE RISKS.
FPS Lounge™ disclaims all liability for the accuracy of any Content submitted to or transmitted through the Service by you or another user, including without limitation your Content.
You agree that you will not rely on the Service or FPS Lounge™ for backup or storage of your Content. FPS Lounge™ may retain your Content even if you are no longer using the Service but is not required to provide copies of your Content to you. FPS Lounge™ may permanently delete or erase your Content or suspend your access to your Content through the Service at any time and for any reason.
FPS Lounge™ may use, reproduce, sell, publicize and otherwise exploit Aggregate Data in any way, in its sole discretion, and as otherwise provided in its privacy policy. “Aggregate Data” refers to your Content with personally identifiable information removed.
You consent to receive email and/or text messages from FPS Lounge™ in connection with your use of the Service. Standard text messaging charges required by your mobile carrier will apply to text messages we send you. You may request removal of your personally identifiable information through the procedures set forth in our privacy policy.
Security
You agree to keep your password confidential and not to distribute it or otherwise allow anyone other than you to access your account. Your password is the key to all of the information in your account.
Any communication you make on this Site or over the Internet, whether sent via e-mail, via a form on the Site, or in-game communication, etc., should be regarded as an insecure communication, unless we explicitly state on a particular web page that you can expect the communication to be secure or encrypted.
Refusal & Termination of Service
FPS Lounge™ reserves the right to terminate or refuse service to anyone, at any time, for any reason or no reason at all, without prior notice, including, without limitation, for violating any provision of this Agreement.
Cross-Border Export of User Data
You irrevocably consent and agree that FPS Lounge™ may export any and all of your personally identifiable and non-personally identifiable data and information outside of your country of residence and/or country of collection to the United States and other countries in which FPS Lounge™ operates for uses consistent with this Agreement and the FPS Lounge™ privacy policy
Export Control
You may not use or otherwise export or re-export the Site and/or its content, except as authorized by United States law. The Site and its content may not be exported or re-exported (i) into (or to a national or resident of) any U.S.-embargoed country, (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals, or (iii) to anyone on the U.S. Department of Commerce's Table of Denial Orders. You represent and warrant that you are not a resident or national of any such country on any such list, and are not located in, under the control of, acting on behalf of or in concert with, a resident or national of any such country or on any such list.
License to Use the Site
FPS Lounge™ grants, subject to the terms of this Agreement, a limited, non-transferable, non-sublicensable, non-exclusive license to use the software, content and documentation which it owns, or of which it is a licensee, for the limited purposes accessing, exploring and using the Site in real time in a manner consistent with the terms of the Agreement.
Intellectual Property Rights in the Site
Unauthorized duplication of this Site, in whole or in part, or of any plans, designs, specifications, data or content made available from the Site (except as expressly authorized herein) is a violation of the Copyright Act of 1976.
Copyrights
Unless otherwise stated, FPS Lounge™ owns the copyright in this Site and is the owner or a licensee of the content hereon, including, without limitation, all “works” as defined in the Copyright Act of 1976, text, graphics, images, video material, audio material, audiovisual material, and other content, regardless of media format, whether now existing or hereafter arising (“Copyright Material”). The Copyright Material is protected by United States and international copyright laws. You may display and download portions of the Site solely for your own personal, non-commercial use. You agree not to change or delete any proprietary notices from materials downloaded from the Site. All other uses, including, without limitation, the reproduction, copying, modification, distribution, sale, lease, transmission, republication, performance, display, or any commercial use of the content on this site are strictly prohibited by law.
Trademarks
FPS Lounge™ and the FSP Lounge™ stylized design are trademarks owned by FPS Lounge™ (individually and collectively the “Trademarks”). The Trademarks may not be used in any manner by any person or in connection with any product or service, without the express written authorization of an officer or director of FPS Lounge™. All other trademarks, service marks, and trade names are the property of their respective owners and are used on this site by virtue of a right or license from their respective owners.
Notice and Procedure for Making Claims of Copyright Infringement
Notice of Claimed Infringement
Pursuant to 17 U.S.C. § 512, claims of copyright infringement must be submitted to the following designated agent:
Hank Fasthoff
Fasthoff Law Firm PLLC
21 Waterway Ave., Suite 300
The Woodlands, TX 77380
hank @ fasthofflawfirm.com
To be effective, the notification must be a written communication that includes the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
A reasonably detailed description of the alleged infringing material, or, if multiple copyrighted works are alleged to be infringing, a representative list of such works on this website;
A reasonably detailed description of where the alleged infringing material is located on this website;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Counter-Notice
If you believe that your content that was removed pursuant to a Digital Millennium Copyright Act notice we received is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to law, to post and use the content, you may send a counter-notice containing the following information to the Copyright Agent at the address listed above:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Travis County, Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
General Submissions
FPS Lounge™ values and encourages feedback. Pursuant to FPS Lounge’s™ policy, however, we do not accept or consider creative ideas, suggestions, or materials other than those specifically requested from you by FPS Lounge™, if you choose to send any creative submissions to us, whether at FPS Lounge’s™ request, or despite our request that you do not send submissions to us, then you hereby irrevocably assign and transfer to FPS Lounge™ any and all rights, throughout the universe, in and to each submission (including the individual elements of each submission), without any compensation therefore, including, without limitation, all domestic and foreign copyrights, trademark rights (and goodwill appurtenant thereto), patent rights, trade secret rights, know-how, and all other intellectual property rights and other rights, whether now existing or hereafter arising. To the extent moral rights may not be assigned or transferred, you hereby irrevocably waive enforcement of any and all moral rights. FPS Lounge™ shall be entitled to complete unrestricted use of the submissions and all content, data and information contained therein for any purpose, whether commercial or otherwise, without compensation to, or recognition or acknowledgment of, the author(s) or provider(s) of the submissions.
User Representations & Warranties
You represent and warrant that you are at least 18 years of age and have reached the age of majority in the location where you reside. If you desire to participate in one or more sweepstakes, contests or promotions that may be offered by FPS Lounge™, you further represent that you are a lawful resident of one of the states for which registration for sweepstakes, contests or promotions is permitted. You further represent and warrant that you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement. You agree to be financially responsible and otherwise responsible for your use of the Site, and to comply with your responsibilities and obligations as stated in this Agreement. You further agree to (i) provide true, accurate, current and complete information about you as requested by the forms available on this Site; and (ii) to maintain and update your information to keep it secure, true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, FPS Lounge™ has the right to terminate your account and refuse any and all current or future use of the Site.
You further represent and warrant that you will not provide to us the name, address, email address, phone number, or other personal identifying information of any person under the age of 13. Violation of this provision is grounds for immediate cancellation of any orders, goods, and services offered hereunder.
Governing Law, Jurisdiction, & Venue; Arbitration
All uses of the Site, and all content contained herein, including, without limitation, any disputes arising under or related to this Agreement, shall be governed by and interpreted pursuant to the laws of the State of Texas and the United States of America without regard for conflicts of laws principles. All disputes arising under or relating to the Agreement and/or your visitation, access or use of the Site, shall be submitted to and resolved by binding arbitration in Travis County, Texas, and any award shall be confirmed exclusively in the courts situated in Travis County, Texas. You further irrevocably agree and consent to the exclusive jurisdiction and venue of the courts situated in Travis County, Texas for the purposes of reviewing, confirming or otherwise relating to any arbitration award, and you hereby expressly waive jurisdiction and venue in any other forum for such purposes. Any arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all findings of fact and conclusions of law, and shall be kept confidential and not disclosed for any purpose except as required by law, e.g., disclosure to tax advisors for the purpose of filing a tax return. Any such arbitration shall include a written record of the arbitration hearing.
WAIVER OF CLASS ACTION/JURY TRIAL
ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. YOU MAY NOT JOIN OR CONSOLIDATE CLAIMS OR PARTIES IN ARBITRATION, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, AND YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO FILE ANY SUCH CLAIM OR PARTICIPATE IN ANY PROCEEDING IN ANY SUCH CAPACITY. YOU FURTHER HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL
INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS FPS LOUNGE™ AND ITS PARENT (IF ANY), SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THE FOREGOING’S PAST, PRESENT AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS, PARTNERS, SHAREHOLDERS, OWNERS, ASSOCIATES, JOINT VENTURERS, CONTRACTORS, ATTORNEYS, INSURERS, AGENTS AND REPRESENTATIVES (INDIVIDUALLY AND COLLECTIVELY, THE “INDEMNIFIED PARTIES”), FROM AND AGAINST ALL LIABILITIES, DAMAGES, CLAIMS, CAUSES OF ACTION, COSTS, ATTORNEY’S FEES, AND ALL OTHER COSTS AND EXPENSES, IN CONNECTION WITH, ARISING OUT OF, OR RELATING TO (I) YOUR ACTUAL OR ALLEGED BREACH OF THIS AGREEMENT (II) YOUR ACTUAL OR ALLEGED NEGLIGENT, WILFUL OR INTENTIONAL ACTIONS OR OMISSIONS ARISING OUT OF OR RELATING TO YOUR REGISTRATION, VISITATION OR USE OF THIS SITE; PURCHASE, POSSESSION, USE OR NONUSE OF ANY MERCHANDISE OR SERVICES MADE AVAILABLE ON THIS SITE. THE INDEMNIFIED PARTIES MAY, AT THEIR SOLE DISCRETION, CHOOSE TO PARTICIPATE IN THE DEFENSE OR ANY MATTER OR CLAIM OR NEGOTIATED SETTLEMENT. NO SETTLEMENT THAT MAY HAVE THE POTENTIAL TO AFFECT AN INDEMNIFIED PARTY’S RIGHTS IN ANY WAY SHALL BE ENTERED INTO WITHOUT SUCH INDEMNIFIED PARTY’S PRIOR WRITTEN APPROVAL.
LIMITATION OF LIABILITY
ACCESS TO AND USE OF THIS WEBSITE IS PROVIDED ON AN “AS IS” BASIS. YOU AGREE THAT FPS LOUNGE™ AND ITS PARENT (IF ANY), SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THE FOREGOING’S PAST, PRESENT AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS, PARTNERS, SHAREHOLDERS, OWNERS, ASSOCIATES, JOINT VENTURERS, CONTRACTORS, ATTORNEYS, INSURERS, AGENTS AND REPRESENTATIVES (INDIVIDUALLY AND COLLECTIVELY, THE “LIMITED PARTIES”), SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, OR FOR ANY INDEMNITY, REGARDLESS OF THE NATURE OR CAUSE OF THE DAMAGES OR INDEMNITY, THAT ARISE OUT OF OR RELATE TO YOUR VISITATION OR USE OF THIS SITE; PURCHASE, POSSESSION, USE OR NONUSE OF MERCHANDISE OR A SWEEPSTAKES ENTRY, OR THE OFFERING OF CONTENT, INFORMATION, GOODS, SERVICES, OR OTHER MATERIAL ON, OR ACCESSIBLE THROUGH, THIS WEBSITE AND/OR IN ANY EMAILS, NEWSLETTERS, OR IN ANY EXTERNALLY-LINKED THIRD PARTY SITE. WITHOUT LIMITING THE FOREGOING, THE LIMITED PARTIES SHALL NOT BE LIABLE FOR ACTUAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, AND/OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER CAUSE, LOSS, ACTION, CLAIM, OR DAMAGE, INCLUDING LOSS OF TIME, LOSS OF OPPORTUNITY, LOSS OF BUSINESS, LOSS OF EARNINGS, OR INJURY TO PERSON (INCLUDING DEATH) OR PROPERTY.
DISCLAIMER OF ALL OTHER WARRANTIES
ALL PRODUCTS, SERVICES, MATERIALS, INFORMATION, AND OTHER CONTENT ON THIS SITE ARE PROVIDED ON AN “AS IS” BASIS. FPS LOUNGE™ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY TYPE, NEITHER EXPRESS NOR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, MATERIALS, CONTENT, PRODUCTS, OR SERVICES CONTAINED HEREIN. FPS LOUNGE™ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ALL TYPES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
SITE USAGE POLICY
The Site may be used only for lawful purposes. The transmission, storage, routing, or presentation of any information, data or material in violation of any applicable local, state, or federal law or regulation, or in violation of this Site Usage Policy is strictly prohibited. Examples of such information, data, or material include unauthorized reproduction, publication, distribution or other use of copyrighted works, patents, inventions, trademarks, trade secrets; research, development, plans, materials or other data that are prohibited by the United States Export Control Regulations; or the dissemination of harmful, harassing, or fraudulent content. Any conduct by any user that constitutes harassment, fraud, stalking, abuse, or a violation of applicable law is strictly prohibited. Using the Site to perform, or solicit the performance of, any illegal activity is also strictly prohibited.
In addition to the forgoing, the following uses are strictly prohibited and all users agree not to engage in such conduct, directly or indirectly:
Posting or transmitting any unsolicited advertising, promotional materials, junk mail, spam, chain emails, telephone calls or any other form of solicitation to anyone.
Spamming any email address that appears on the Site.
Posting any multi-level-marketing, pyramid scheme, club membership, distributorship or sales representative agency arrangement or other business or commercial opportunity.
Including any hidden text in your postings, including words in white or otherwise invisible font.
Deleting or revising any material posted by any other person or entity.
If you have a password allowing access to a nonpublic area of the Site, you are prohibited from sharing or disclosing it to any third party, and from allowing any third party to access the Site under your account.
Using, or attempting to use, any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, bots, avatars or intelligent agents) to navigate or search the Site, other than (i) the search engine and search agents available on the Site, and (ii) generally available third party web browsers.
Accessing the Site by any means other than through the interface that is provided for use in accessing the Site.
Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising a part of the Site.
Aggregating, copying or duplicating in any manner any of the materials or information available from the Site.
Framing of or linking to any of the materials or information available from the Site.
Framing of or linking to any of the materials or information available from the Site.
CONFLICTS
In the event of any conflict between this Agreement and any FPS Lounge™ policy posted online, this Agreement shall control.
ENTIRE AGREEMENT
This Agreement sets forth the entire agreement of the parties and supersedes all prior or contemporaneous statements, representations, agreement, writings, negotiations, and discussions with respect to its subject matter hereof, all of which are merged herein. Neither party is relying on any statement or representation that is not set forth in this Agreement.
