Effective As Of: August 2023

 

Please read these Terms of Use carefully before using this site. By using this site, you agree to these Terms of Use, as amended from time to time with or without notice to you.

 

These Terms of Service (“Terms”) apply to your access to and use of the website, Application, and services (collectively, our “Services”) of Off The Wall Gamezone. and its current or former affiliates, including parents or subsidiaries, and any predecessor or successor entity to any of the foregoing (“Off The Wall Gamezone”, “Company,” “us,” or “we”).

 

Clicking, having a membership, or otherwise using our Services indicates your acceptance of these Terms. If you do not agree to these Terms, you may not use our services please refer to the Privacy Policy for information about how we collect, use, and disclose information about you.

 

Eligibility

 

The Services are intended for access and use from within the continental United States, Alaska, Hawaii, Puerto Rico or other U.S. territories (the “United States”). If you choose to access the Services from outside of the United States, you do so at your own risk and are responsible for compliance with all local laws, rules, and regulations that may apply. The Services are for personal use only. You may not use the Services if you have previously been suspended or removed from the Services.

 

Membership

 

You may need to register for a membership account to access some of our Services, or to participate in some of our events. If you register for a membership, you must provide accurate account information and promptly update this information if changes occur. You must maintain the security of your membership and any account credentials, and you are responsible for any activities on your membership. Promptly notify us if you discover or suspect that someone has accessed your membership without your permission. If you permit others to use your account credentials and/or membership, you are responsible for the activities of those users. Should you need assistance in updating, terminating, or securing your membership please contact memberships@otwusa.com.

 

Limited License

 

Our Services, including the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans, and other content contained therein, are owned by or licensed to the Company. Except as explicitly stated in these Terms, the Company and our licensors reserve all rights in and to our Services. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to use our Services for your own personal use; however, such license is subject to these Terms and does not include any right to (a) sell, resell, or commercially use our Services; (b) copy, reproduce, distribute, publicly perform, or publicly display the Services, except as expressly permitted by us or our licensors; (c) modify the Services, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services; (d) reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services; or (e) use our Services other than for their intended purposes. Any use of our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the limited license granted herein.

 

Third-Party Content

 

The Company may provide third-party content on our Services and may provide links to web pages and content of third parties (collectively “Third-Party Content”). In all such instances, the Company does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. The Company does not create, update, or monitor Third-Party Content and is not responsible for any Third-Party Content. You are responsible for deciding if you want to access or use Third-Party Content or applications that link from our Services. Your correspondence or business dealings with, or participation in promotions of, or advertisers found on or through our Services are solely between you and such advertiser. Access and use of such Third-Party Content, including the information, materials, products, and services on or available through any third-party sites is solely at your own risk.

 

Disclaimers

 

(a) We do not control, endorse, or take responsibility for any Third-Party Content available on or linked to by our Services.

(b) Your use of our Services is at your sole risk. Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, the Company does not represent or warrant that our Services are accurate, complete, reliable, current, or error-free. While the Company attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

 

Unlawful or Prohibited Use

 

As a condition of your use of the Off The Wall Gamezone Web Site, or any affiliated websites or digital properties, you warrant to Off The Wall Gamezone that you will not use our Web Sites or applications for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Off The Wall Gamezone Web Site in any manner which could damage, disable, overburden, or impair the Off The Wall Gamezone Web Site or interfere with any other party’s use and enjoyment of the Off The Wall Gamezone Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Off The Wall Gamezone Websites.

 

Copyright and Trademark Notices

 

All contents of the Off The Wall Gamezone Web Site and/or its suppliers. All rights reserved.

 

Dispute Resolution & Binding Arbitration

 

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with the Company and limits the manner in which you can seek relief.

 

The term “Dispute” means any dispute, claim, or controversy between you and the Parties, whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability, or scope of this “Dispute Resolution & Binding Arbitration” section (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced. If you have a Dispute with any of the Parties that cannot be resolved through negotiation within the time frame described in the “Notice of Dispute” clause below, you and the Company Entity that you have a Dispute with agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this section, and not litigate any Dispute in court, except for those matters listed as an exclusion below. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury. YOU AND THE PARTIES AGREE THAT ANY CLAIM FILED BY YOU OR BY A COMPANY ENTITY IN SMALL CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION. If you have a dispute with any Company Entity, you must send written notice to [Off The Wall Gamezone., Attn: Legal, 618 Atlantic Shores Blvd. Hallandale Beach, FL 33009 to give the Company Entity that you have a dispute with opportunity to resolve the dispute informally through negotiation. You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute. If the Company Entity you have a Dispute with does not resolve your Dispute within 60 days from receipt of Notice of Dispute, you or the Company Entity you have a Dispute with may pursue your claim in arbitration pursuant to the terms in this section. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND THE COMPANY ENTITY WITH WHICH YOU HAVE A DISPUTE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT THIS WAIVER IS PROHIBITED BY LAW. All disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in San Francisco County, California in accordance with the Consumer Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”), which are available on the AAA website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of AAA or waive your opportunity to read the rules of AAA and any claim that the rules of AAA are unfair or should not apply for any reason. You and the Company agree that these Terms affect interstate commerce and that the enforceability of this section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA“) to the maximum extent permitted by applicable law. As limited by the FAA, these Terms, and the AAA Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual. Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and the Company will not have the right to assert the claim. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO [OFF THE WALL GAMEZONE., ATTN: LEGAL, 618 ATLANTIC SHORES BLVD HALLANDALE BEACH, FL 33009 AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR MEMBERSHIP ID, IF YOU HAVE ONE, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH ANY COMPANY ENTITY THROUGH ARBITRATION.

 

Release

 

To the fullest extent permitted by applicable law, you release the Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

 

Governing Law and Venue

 

These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of California, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that are not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in San Francisco County, California.

 

Miscellaneous

 

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement between you and the Company relating to your access to and use of our Services. The failure of the Company to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

 

Changes to Terms

 

We may make changes to these Terms at any time. If we make changes, we will provide notice of the changes by posting the amended Terms to our Services and updating the “Last Updated” date above. Unless we say otherwise, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.

 

Contact

 

If you have any questions about these Terms & Conditions, please email us at otwmybusiness@otwusa.com, or write to us (and include your email address) at [Off The Wall Gamezone, Inc., Attn: Guest Relations, at 618 Atlantic Shores Blvd, Hallandale Beach, FL 33009, If you need additional information on how to resolve a complaint regarding our Services.

 

GAME CARD TERMS AND CONDITIONS

 

Effective As Of: August 2023 A Off The Wall Gamezone game card is a stored value card with a magnetic strip or embedded Radio Frequency Identification (“RFID”) tag that allows you to play games at the Off The Wall Gamezone where it was originally purchased. These terms and conditions (the “Terms & Conditions”) govern all game cards and their use. Game cards, including all administration related thereto, are provided by Off The Wall Gamezone., or its affiliates, parents, or subsidiary companies (collectively “Off The Wall Gamezone,” “we,” “us,” “our,” “ours”). By purchasing, recharging, or using a game card, you agree to be legally bound by these Terms & Conditions, and your use shall be subject to these Terms & Conditions, as they may be amended from time to time, and without notice. You can obtain the latest version of these Terms & Conditions on our website at www.otwusa.com/terms-and-conditions.

 

Types of Game Cards

 

1) A Regular game card can be purchased at the front desk of any Off The Wall Gamezone location for arcade and redemption game play. Game cards are loaded with credits, and credits can be used on any game on the game floor.

 

2) Member Cards can be purchased by members at the front desk of any Off The Wall Gamezone location. Additional amounts may be added to a Member Card at any time.

 

3) Promotional/Event Cards expire 90 days from issuance. A promotional card is NOT a gift card/gift certificate Buyout event cards expire at the end of the event.

 

Purchasing and recharging

 

Game cards can be purchased at the front desk of any Off The Wall Gamezone location. Guests can check the balance of their game card, and the balance of tickets earned with an Off The Wall Gamezone employee at the front desk, or at a Off The Wall Gamezone kiosk. All game card sales are final. Guests are not entitled to a cash refund for any unused portion. Guests can recharge their cards with an Off The Wall Gamezone employee at the front desk, or at an Off The Wall Gamezone game card kiosk. Availability of kiosks may vary by location.

 

Lost or Stolen Cards

Off The Wall Gamezone is not responsible for lost, stolen, or damaged cards.

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Non-Transferable

Cards cannot be sold, transferred, or combined with any other card. Game cards cannot be redeemed for cash, exchanged in our Redemption for prizes or retail items, or used as a gift card/certificate.

 

Decline to Accept

Off The Wall Gamezone reserves the right not to accept a game card or otherwise limit use of the game card if we believe the use is unauthorized, fraudulent, or otherwise unlawful or violates these Terms & Conditions.

 

Verification of Game Card Balances

Off The Wall Gamezone verifies ticket balances above 5000 being redeemed, which may cause a delay in awarding selected items.

 

Game Malfunctions

Guests assume inherent risk in use of game cards for malfunctioning games, incorrect tickets dispensed, or other. Tickets are only awarded where no Game malfunction has occurred. If a Game malfunctions during Game play, you are not entitled to a refund. If Off The Wall Gamezone confirms that excessive Tickets have been dispensed due to a Game malfunction, we reserve the right to deduct that corresponding amount from your game card balance. Off The Wall Gamezone reserves the right to make any other adjustments to your game card due to Game malfunction or fraud, in its sole and absolute discretion.

 

Game Floor Misconduct

 

Guests agree to abide by all safety signage, game instructions, and house rule/policies. Off The Wall Gamezone reserves the right to void, confiscate, or refuse redemption for guests not in accordance with these Terms and Conditions, or any posted safety signage, instructions (either in-game, written on a game, or verbally instructed by an Off The Wall Gamezone employee), and house rules/policies. Off The Wall Gamezone reserves the right to terminate Game Play for tickets that have been awarded due to game tampering, tilting, shifting, or exploiting game malfunctions.

 

Cancellation

 

Off The Wall Gamezone has sole discretion to cancel, void, revoke, or limit use of any game card, at any time without notice, liability, reimbursement, or compensation. Termination may result from fraudulent or unauthorized use of a game card, or a violation of these terms and conditions. If we terminate your game card with cause, all credits and Tickets will be voided and may not be used. You will receive no compensation from us for voided credits or Tickets. If we terminate your game card without cause, we will refund or issue store credits equal to the balance of chips purchased or Tickets held in your game card less any amounts that you may owe Off The Wall Gamezone.