This Peg Leg Porker website (“Website”) is owned, operated, licensed or controlled by Peg Leg Poker, and is for your personal use. Please read these Website Terms and Conditions of Use (“Terms”) carefully before using the Website. The use of “You” or “Your” refers to any user of the products or services offered on the Website which is subject to these Terms. PLP reserves the right to update these Terms at any time without notice to you. However, the most current version of these Terms may be accessed by clicking on the “Terms and Conditions of Use” link located at the bottom of the Website. When you use the Website, you accept, WITHOUT LIMITATION OR QUALIFICATION, these Terms, including any changes that are made from time to time. If you do not accept or agree with these Terms, then do not use the Website or download any materials or content from it. By accessing, using, browsing or downloading in any way, without limitation or qualification, any material on the Website, you agree to and are bound by these Terms.
You represent that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. Regardless, you affirm that you are 13 years of age or older, as the PLP Website is not intended for use by children under 13. If you are under 13 years of age, then please do not use the PLP Website. If you are under 13 years of age and need to access the PLP Website, request parental or guardian assistance.
PLP hereby grants you permission to use the Website as set forth in these Terms, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without BB’s prior written authorization; and (iii) you will otherwise comply with the terms and conditions of these Terms. In order to access some features of the Website, you may have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify PLP immediately of any breach of security or unauthorized use of your account. Unless you have first obtained prior written approval, you may not do any of the following:
The use of PLP trademarks, service marks and logos is prohibited without PLP’s express prior written consent and PLP will strictly exercise and enforce its rights to the fullest extent of the law. You may not use, copy, republish, upload, modify, reproduce, distribute or use PLP’s Website content in any way without the prior written consent of PLP, except as provided in these Terms. You may download one copy of the material on the Website for your personal, non-commercial home use only, provided you do not delete, modify or change any copyright, trademark or other proprietary notices. All of the Website content is copyrighted including, but not limited to, all text, design, graphics, images, sound files, video, interfaces, code, layout, and the selection and arrangement thereof appearing or included from time to time on the Website except where explicitly noted otherwise. You agree not to circumvent, disable or otherwise interfere with security related features of the Website, or features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content herein. If you modify or use materials for any other purpose, you will be violating the intellectual property rights of BB, which it vigorously protects. The material in the Website is provided for lawful purposes only.
If you believe any content on the Website infringes your copyright, you may request removal of such content from the Website by contacting PLP’s legal department by mail using the address below or email at email@example.com. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. §512 (c)(2), please provide the following information:
You are not permitted to create a link to the Website without first obtaining PLP’s prior written consent.
The Website content may now or in the future permit the submission of suggestions, ideas, graphics, concepts, photos, videos or other communications or information, or know-how contained in any communications or information submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You agree that, upon submitting, posting or otherwise transmitting to PLP, any such User Submissions will become and forever be the property of PLP and you further understand that whether or not such User Submissions are published, PLP does not guarantee any confidentiality with respect to any User Submissions. You agree that PLP may publish your name and/or User Submission on the PLP Website, in email campaigns, on social media pages, in print material, press releases or any other mediums, and BB may freely use any User Submissions for any purpose whatsoever, be it commercial or non-commercial, without any acknowledgement, notification or payment of any compensation to you. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize PLP to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by PLP. PLP may use such submissions in any manner in the sole discretion of PLP. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to PLP, you hereby grant PLP a perpetual worldwide, non-exclusive, royalty-free, sub licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and other BB or successor business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each recipient of any User Submission a non-exclusive, royalty-free license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the Website and under these Terms. In connection with User Submissions, you further agree that you will not: (i) submit copyrighted material, material protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant BB all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage PLP or any third party; (iii) submit material that is unlawful, libelous, obscene, defamatory, scandalous, threatening, pornographic, harassing, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any regulation or law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business(es); or (v) impersonate another person. PLP will fully cooperate with any law enforcement authorities, agencies or court order requesting or mandating disclosure of the identity of any person posting any such information or materials. BB does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and PLP expressly disclaims any and all liability in connection with User Submissions. PLP reserves the right to remove Website content and User Submissions without prior notice. PLP also reserves the right to decide whether Website content or a User Submission is appropriate and complies with these Terms. PLP may remove such User Submissions and/or terminate Website access for uploading material in violation of these Terms at any time, without prior notice and at its sole discretion.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BB DOES NOT GUARANTEE THE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF BB. TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT THE BB ENTITIES SHALL NOT BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY DAMAGES, DAMAGES FOR LOSS PROFITS, LOSS OF PRIVACY OR SECURITY OR FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE, OR WORMANLIKE EFFORT OR CONDUCT) ARISING FROM YOUR USE OF THE WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE, EVEN IF THERE IS NEGLIGENCE ON THE PART OF BB, OR AN AUTHORIZED BB REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH, AND EVEN IN THE EVENT OF FAULT, TORT OR STRICT OR PRODUCT LIABILITY OR MISREPRESENTATION. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF, AND RELIANCE ON, THE BB GOODS AND SERVICES, FROM INABILITY TO USE THE BB GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE BB SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
PLP reserves the right to refuse service or decline orders for any reason. Accordingly, PLP may request written verification and proof of a user’s identity by supplying PLP with a copy of government issued photo identification at PLP’s sole discretion.
PLP has the right to terminate your access to the Website content for any reason whatsoever, if PLP, in its sole discretion, considers your use to be unacceptable or in violation of these Terms. PLP may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Website. No failure or delay on the part of PLP in exercising any right or remedy hereunder or enforcing the terms and conditions of these Terms will operate as a waiver thereof. If any part or provision of these Terms is found to be invalid, unenforceable or void, then the remaining portion shall remain in full force and effect.
BB may elect to resolve any controversy or claim arising out of or relating to these Terms or the Website by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. In accordance with the Federal Arbitration Act or the state law modifying or supplementing the Federal Arbitration Act any such controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Orange County, Florida and judgment on the arbitration award may be entered in any court having jurisdiction thereof.
This Website is controlled by PLP from its offices within the United States of America. PLP products and services are available in many parts of the world, but services are not available worldwide. Claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of the Website shall be governed by the laws of the State of Florida, U.S.A without regard to its conflict of law provisions. You hereby consent to jurisdiction in a state or federal court in Davidson County, Tennessee and waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by Florida or federal law.