Mini Golf, Bowling, & Pool at 3B Games.

3B Games Terms of Service
Effective Date: July 1, 2005

3B Games LLC ("3B Games", "we" or "us") provides the Service (as defined herein) to you, subject to the following terms of service ("TOS") which may be updated by us from time to time without notice to you. It is important for you to refer to this TOS from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to this TOS. Your use of the Service constitutes your acceptance of the TOS.

3B Games currently provides users with access to online resources, including games, forums, personalized content, and tournaments (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to these TOS. 3B Games may change, suspend or discontinue any aspect of the Service at any time. 3B Games may also impose limits on certain features and services or restrict access to parts of or all of the Service without notice or liability. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access Web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You agree that these TOS are personal to You and that You may not resell, lease, license, assign or redistribute the Service, in whole or in part, to any third party. Fee-entry tournament services are also subject to the rules provided with each tournament offered.

You acknowledge that all information contained on or provided through the Service may be protected, in all forms and media, by one or more valid copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that all such rights are owned by 3B Games. You may not modify, publish, participate in the transfer or sale of, create derivative works from, or in any way exploit this information, except that you may download one copy for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. 3B Games neither warrants nor represents that your use of materials displayed on or accessed through the Service will not infringe rights of third parties. While we use reasonable efforts to include accurate and up-to-date information, 3B Games makes no warranties or representations as to its accuracy. 3B Games assumes no liability or responsibility for any errors or omissions in the content on the Service.

You represent, warrant, and covenant that all information you supply to 3B Games is complete and accurate. Knowingly submitting incomplete or inaccurate information may result in immediate termination of your access to the Service.

From time to time, 3B Games may permit you to upload information, advice, text, data, software, messages and other materials to the Service ("Your Content"). Your Content is your sole responsibility. This means that you, and not 3B Games, are entirely responsible for all of Your Content that you upload, post, email, transmit or otherwise make available via the Service. If you post personal information on publicly available areas of the Service then you may receive unsolicited messages from third parties. 3B Games cannot ensure the security of any information you post on publicly available areas of the Service. Under no circumstances will we be liable in any way for any of Your Content including, but not limited to, any errors or omissions in Your Content, or for any loss or damage of any kind incurred as a result of the use of any of Your Content made available via the Service.

3B Games does not claim ownership of Your Content. However, you hereby grant us a world-wide, royalty-free, non-exclusive, perpetual, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Your Content and to incorporate Your Content in other works in any form, media, or technology now known or later developed.

You acknowledge that we do not pre-screen Your Content, but that we have the right, but not the obligation, in our sole discretion to modify, refuse or move any of Your Content that is available on the Service. You agree that you must evaluate, and bear all risks associated with, the use of any of Your Content including, but not limited to, any reliance on the accuracy, completeness, or usefulness of Your Content.

You acknowledge and agree that 3B Games may archive Your Content and may also disclose Your Content at any time and for any reason.

Since we do not pre-screen user generated content, you may be exposed to content that is offensive, indecent, or objectionable.

THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, DOCUMENTS, FUNCTIONS, MATERIALS, GRAPHICS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICE, ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, 3B GAMES MAKES NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER ABOUT: (A) THE CONTENT ON AND PROVIDED THROUGH THE SERVICE; (B) THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICE; (C) THE MATERIALS, MESSAGES AND INFORMATION SENT FROM THE SERVICE BY USERS; (D) ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (E) ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICE OR ANY LINKED SITE. 3B GAMES DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

3B GAMES DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIM SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SERVICE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. FURTHER, 3B GAMES DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

3B GAMES SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.

UNDER NO CIRCUMSTANCES SHALL 3B GAMES BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THE SERVICE, EVEN IF FORESEEABLE OR 3B GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL 3B GAMES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).

You agree to defend, indemnify and hold harmless 3B Games with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with this Agreement, including, without limitation, your use of the Service. Notwithstanding the foregoing, 3B Games retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against 3B Games herein under the terms and provisions of this Section 8 and in no event shall you settle any such claim without 3B Games' prior written approval.

THIS AGREEMENT AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF OKLAHOMA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES.

The parties irrevocably submit and consent to the exclusive jurisdiction and venue of the Oklahoma state courts in and for Oklahoma County, Oklahoma and the Federal Courts in and for the Western District of Oklahoma. The parties agree not to raise the defense of forum non conveniens.

Whenever, under the provisions of this TOS, you are required or permitted to give notice to 3B Games, you shall give the notice in writing. It shall be deemed given either when delivered personally, or by courier, or three days after mailing, postage prepaid by registered or certified mail, return receipt requested, addressed to 3B Games at the following address:

Whenever, under the provisions of this TOS, 3B Games is required or permitted to give notice to you, 3B Games may send an e-mail to the address provided by you when you registered with the Service. If you have not provided an accurate e-mail address or if you have not registered with the Service, 3B Games may, but is not obligated to, send a notice to you in any reasonable way.

We do not represent or warrant that every action you take with regard to your use of and related activities on the Service will be lawful in any particular jurisdiction. It is incumbent upon you to know the laws that pertain to you in your jurisdiction and act lawfully at all times when using the Service.

This TOS contains the sole and entire agreement between the parties with respect to the use of the Service and supersedes any and all other prior written or oral agreements between them. Captions contained in this TOS are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this TOS or the intent of any provision of this TOS. If any provision of this TOS shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this TOS.