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Terms of Use

Terms Of Use
The Leisure Arts website is provided to you by Leisure Arts and is subject to the following Terms of Use. If you do not agree to all of the terms, please do not use LeisureArts.com.

Changes to the Terms of Use
Leisure Arts may, in its sole discretion, change, add or remove any portion of the Terms of Use at any time by posting new Terms of Use on LeisureArts.com. Your continued use of LeisureArts.com after such changes are posted will constitute your agreement to such changes.

Modifications to the LeisureArts.com
Leisure Arts reserves the right, for any reason, in its sole discretion, to terminate, suspend or change any aspect of LeisureArts.com including but not limited to content, features or hours of availability. Leisure Arts may impose limits on certain features of LeisureArts.com or restrict your access to part or all of the LeisureArts.com without notice or penalty.

User Conduct
You are solely responsible for the content and context of any materials you post or submit through the LeisureArts.com. You warrant and agree that while using the LeisureArts.com, you shall not upload, post, transmit, distribute or otherwise publish through theLeisureArts.com any materials which: (a) are unlawful, threatening, harassing or profane; (b) restrict or inhibit any other user from using or enjoying the LeisureArts.com; (c) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; or (d) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.

Intellectual Property
You acknowledge and agree that all content and materials available on the LeisureArts.com, including but not limited to the Leisure Arts name and logos, are protected by intellectual property and other laws. Except as expressly authorized by Leisure Arts or its subsidiaries, any use, copy, reproduction, display, performance, modification or transmission is strictly prohibited. Notwithstanding the above, you may download one copy of the content and materials on the LeisureArts.com on any single computer for your personal non-commercial use, provided you keep intact all proprietary and other notices.

Monitoring
You agree that Leisure Arts has the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in its sole discretion, any material and content anywhere on the LeisureArts.com, including but not limited to bulletin boards, email and other forums. Notwithstanding this right, Leisure Arts does not and cannot review all materials posted on the LeisureArts.com by users and Leisure Arts is not responsible for any materials posted by users.

Submissions
All remarks, submissions, ideas, concepts, pictures or other information you submit to the LeisureArts.com will become the exclusive property of Leisure Arts and its subsidiaries. Leisure Arts and its subsidiaries will not be required to treat any submission as confidential, and will be entitled to use all submissions for any purpose whatsoever, without any compensation to you.

Account Information
You agree that you will provide accurate information when creating an account on a Leisure Arts website and that you will keep your account information up-to-date.

Passwords
You are solely responsible for protecting the confidentiality of your password and may not disclose your password to any other person. In the event that an unauthorized user gains access to the password-protected area of a LeisureArts.com as a result of your acts or omissions, you agree that you shall be liable for any such unauthorized use.

Fees
Leisure Arts and its subsidiaries may charge you fees for products or services offered for sale on the LeisureArts.com. You agree to pay all fees and charges, including applicable taxes, incurred through your account. Return/Refund Policy

LeisureArts.com:
LeisureArts.com does not accept returns for any downloaded material. However, if you are experiencing technical difficulties, please contact customer service. Notification of any issues must occur within 10 calendar days of the original sale. For more information, email Customer_Service@leisurearts.com.

Privacy
For an explanation of our online information practices with regards to information collected or submitted to the LeisureArts.com, please see our Privacy Policy.

DISCLAIMER OF WARRANTIES
LeisureArts.com, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH LeisureArts.com, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Leisure Arts DOES NOT WARRANT THAT LeisureArts.com OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.

LIMITATION OF LIABILITY
IN NO EVENT SHALL Leisure Arts OR ITS SUBSIDIARIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR INABILITY TO USE, LeisureArts.com OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO EVEN IF Leisure Arts OR ITS SUBSIDIARIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL LIABILITY OF Leisure Arts AND ITS SUBSIDIARIES TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM THIS AGREEMENT OR YOUR USE OF LeisureArts.com EXCEED ONE HUNDRED DOLLARS ($100.00) IN THE AGGREGATE.

Indemnification
You agree to defend, indemnify and hold Leisure Arts and its subsidiaries, and their officers, directors, employees, agents, licensees, successors and assigns harmless from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys' fees) incurred or suffered by them in connection with any claim arising out of or related to (i) your use of the LeisureArts.com, (ii) your breach or violation of these Terms of Use, (iii) your dispute with another user, or (iv) the unauthorized access to any password-protected area of the LeisureArts.com using your password. Leisure Arts reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of Leisure Arts.

Termination
This agreement constitutes a binding agreement between you and Leisure Arts and its subsidiaries until terminated by you or Leisure Arts or its subsidiaries, which Leisure Arts or its subsidiaries may do at any time, without notice, in its sole discretion. If you become dissatisfied with the LeisureArts.com, your only recourse is to immediately discontinue use of the LeisureArts.com.

Choice of Law; Forum
This agreement shall be governed by and in accordance with the laws of the State of Arkansas, without regard to conflicts of law provisions. Any controversy involving Leisure Arts or its subsidiaries arising from or in any way related to the Terms of Use or your use of LeisureArts.com shall be heard in the appropriate State or Federal court in Pulaski County, Arkansas and you irrevocably consent to the jurisdiction of such courts.

Notices
Except as explicitly stated otherwise, any notices shall be given by email to Leisure Arts or its subsidiaries at customer_service@leisurearts.com or to you at the email address you provide to Leisure Arts or its subsidiaries. Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid.

General Provisions
Leisure Arts makes no representations that the content and materials on the LeisureArts.com are appropriate, available or legal in any location outside of the United States. Those who choose to access the LeisureArts.com from outside of the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of the Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, then such provision shall be enforced to the maximum extent possible so as to effect the intent of the Terms of Use, and the remainder of the Terms of Use shall continue in full force and effect. The failure by either you or Leisure Arts to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the LeisureArts.com or the Terms of Use must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. This agreement comprises the entire agreement between you and Leisure Arts and its subsidiaries, and supersedes all prior agreements between the parties, regarding the subject matter contained herein. All provisions in the Terms of Use regarding representations and warranties, indemnification, disclaimers, and limitation of liability shall survive the termination of the Terms of Use.

Contact Information
If you have any questions or comments about these Terms of Use, Leisure Arts can be contacted as follows:

Leisure Arts
ATTN: Web Customer Service Inquiry
104 Champs Blvd., STE 100
Maumelle, AR 72113
800-643-8030




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