Terms of Service
Last Updated: April 26, 2024
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement made between you (“you”) and AvShort ("we," "us," or "our"), concerning your access to and use of the AvShort Games website located at games.avshort.com (the “Site”). The Site provides access to online games hosted and operated by third-party providers ("Game Providers").
By accessing the Site, you agree that you have read, understood, and agree to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We reserve the right to make changes or modifications to these Terms at any time. We will alert you by updating the "Last Updated" date. Your continued use of the Site after such changes constitutes your acceptance of the new Terms.
2. Intellectual Property Rights
The Site itself, including its design, text, graphics, logos, and underlying code (excluding the Game Content as defined below), is owned by or licensed to us and is protected by copyright and other intellectual property laws.
The games embedded on the Site, including all associated artwork, characters, code, sounds, music, and trademarks ("Game Content"), are the property of their respective Game Providers or licensors. AvShort does not claim ownership of any Game Content. Your use of any Game Content is subject to the terms and licenses set forth by the respective Game Provider.
You are granted a limited, non-exclusive, non-transferable license to access and use the Site for your personal, non-commercial entertainment purposes only.
3. User Representations
By using the Site, you represent and warrant that: (1) you have the legal capacity to agree to these Terms; (2) you are at least 13 years of age (or the minimum age required in your jurisdiction to consent to data processing); (3) you will not access the Site through automated means (bots, scripts, etc.); (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use complies with all applicable laws.
4. Third-Party Content
The Site primarily consists of embedded Game Content provided by third-party Game Providers. We are not responsible for the Game Content, including its accuracy, appropriateness, legality, or functionality. Your interaction with any Game Content is solely between you and the relevant Game Provider, and is governed by their terms and privacy policies.
We do not endorse, guarantee, or assume responsibility for any Game Content or any third-party product or service advertised or offered through the Site or the games.
5. Site Management
We reserve the right to: (1) monitor the Site for violations of these Terms; (2) take appropriate action against anyone violating these Terms or applicable law; (3) manage the Site to protect our rights and property and ensure its proper operation.
6. Modifications and Interruptions
We may change, modify, or remove Site content or features at our discretion without notice. We may also modify or discontinue the Site without notice. We are not liable for any modification, suspension, or discontinuance.
We cannot guarantee the Site will be available at all times. Interruptions, delays, or errors may occur due to maintenance or other problems. We are not liable for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance.
7. Disclaimer
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE SITE’S CONTENT OR THE EMBEDDED GAME CONTENT. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS OR INACCURACIES; (2) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR GAMES; (3) BUGS, VIRUSES, OR MALWARE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; OR (4) ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE SITE.
8. Limitation of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE GAMES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Indemnification
You agree to defend, indemnify, and hold us harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site or breach of these Terms.
10. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of law principles. You agree to submit to the personal jurisdiction of the courts located within Delaware for the purpose of litigating all such claims or disputes.
11. Contact Us
To resolve a complaint regarding the Site or to receive further information, please contact us at: games@avshort.com