Terms and Conditions
Agreement between User and guesscentral.com
Welcome to guesscentral.com. The guesscentral.com website (the
"Site") is comprised of various web pages operated by
GuessCentral.com ("Guess Central"). guesscentral.com is offered to
you conditioned on your acceptance without modification of the
terms, conditions, and notices contained herein (the "Terms"). Your
use of guesscentral.com constitutes your agreement to all such
Terms. Please read these terms carefully, and keep a copy of them
for your reference.
guesscentral.com is a Games Site.
The website, GuessCentral.com, hosts an engaging guessing game platform where users can challenge their knowledge about a variety of topics.
Privacy
Your use of guesscentral.com is subject to Guess Central's Privacy
Policy. Please review our Privacy Policy, which also governs the
Site and informs users of our data collection practices.
Electronic Communications
Visiting guesscentral.com or sending emails to Guess Central
constitutes electronic communications. You consent to receive
electronic communications and you agree that all agreements,
notices, disclosures and other communications that we provide to you
electronically, via email and on the Site, satisfy any legal
requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the
confidentiality of your account and password and for restricting
access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may
not assign or otherwise transfer your account to any other person or
entity. You acknowledge that Guess Central is not responsible for
third party access to your account that results from theft or
misappropriation of your account. Guess Central and its associates
reserve the right to refuse or cancel service, terminate accounts,
or remove or edit content in our sole discretion.
Children Under Thirteen
Guess Central does not knowingly collect, either online or offline,
personal information from persons under the age of thirteen. If you
are under 18, you may use guesscentral.com only with permission of a
parent or guardian.
Links to Third Party Sites/Third Party Services
guesscentral.com may contain links to other websites ("Linked
Sites"). The Linked Sites are not under the control of Guess Central
and Guess Central is not responsible for the contents of any Linked
Site, including without limitation any link contained in a Linked
Site, or any changes or updates to a Linked Site. Guess Central is
providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by Guess Central of
the site or any association with its operators.
Certain services made available via guesscentral.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the guesscentral.com domain, you hereby acknowledge and consent that Guess Central may share such information and data with any third party with whom Guess Central has a contractual relationship to provide the requested product, service or functionality on behalf of guesscentral.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license
to access and use guesscentral.com strictly in accordance with these
terms of use. As a condition of your use of the Site, you warrant to
Guess Central that you will not use the Site for any purpose that is
unlawful or prohibited by these Terms. You may not use the Site in
any manner which could damage, disable, overburden, or impair the
Site or interfere with any other party's use and enjoyment of the
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 Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Guess Central or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Guess Central content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Guess Central and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Guess Central or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by Guess
Central from our offices within the USA. If you access the Service
from a location outside the USA, you are responsible for compliance
with all local laws. You agree that you will not use the Guess
Central Content accessed through guesscentral.com in any country or
in any manner prohibited by any applicable laws, restrictions or
regulations.
Indemnification
You agree to indemnify, defend and hold harmless Guess Central, its
officers, directors, employees, agents and third parties, for any
losses, costs, liabilities and expenses (including reasonable
attorney's fees) relating to or arising out of your use of or
inability to use the Site or services, any user postings made by
you, your violation of any terms of this Agreement or your violation
of any rights of a third party, or your violation of any applicable
laws, rules or regulations. Guess Central reserves the right, at its
own cost, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will
fully cooperate with Guess Central in asserting any available
defenses.
Arbitration
In the event the parties are not able to resolve any dispute between
them arising out of or concerning these Terms and Conditions, or any
provisions hereof, whether in contract, tort, or otherwise at law or
in equity for damages or any other relief, then such dispute shall
be resolved only by final and binding arbitration pursuant to the
Federal Arbitration Act, conducted by a single neutral arbitrator
and administered by the American Arbitration Association, or a
similar arbitration service selected by the parties, in a location
mutually agreed upon by the parties. The arbitrator's award shall be
final, and judgment may be entered upon it in any court having
jurisdiction. In the event that any legal or equitable action,
proceeding or arbitration arises out of or concerns these Terms and
Conditions, the prevailing party shall be entitled to recover its
costs and reasonable attorney's fees. The parties agree to arbitrate
all disputes and claims in regards to these Terms and Conditions or
any disputes arising as a result of these Terms and Conditions,
whether directly or indirectly, including Tort claims that are a
result of these Terms and Conditions. The parties agree that the
Federal Arbitration Act governs the interpretation and enforcement
of this provision. The entire dispute, including the scope and
enforceability of this arbitration provision shall be determined by
the Arbitrator. This arbitration provision shall survive the
termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on
an individual basis; class arbitrations and
class/representative/collective actions are not permitted. THE
PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY
IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS
MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE
PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION
AGAINST THE OTHER. Further, unless both you and Guess Central agree
otherwise, the arbitrator may not consolidate more than one person's
claims, and may not otherwise preside over any form of a
representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
GUESSCENTRAL.COM AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE SITE AT ANY TIME.
GUESSCENTRAL.COM AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. GUESSCENTRAL.COM AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GUESSCENTRAL.COM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GUESSCENTRAL.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Guess Central reserves the right, in its sole discretion, to
terminate your access to the Site and the related services or any
portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the
State of Missouri and you hereby consent to the exclusive
jurisdiction and venue of courts in Missouri in all disputes arising
out of or relating to the use of the Site. Use of the Site is
unauthorized in any jurisdiction that does not give effect to all
provisions of these Terms, including, without limitation, this
section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Guess Central as a result of this agreement or use of the Site. Guess Central's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Guess Central's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Guess Central with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Guess Central with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Guess Central with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Guess Central reserves the right, in its sole discretion, to change
the Terms under which guesscentral.com is offered. The most current
version of the Terms will supersede all previous versions. Guess
Central encourages you to periodically review the Terms to stay
informed of our updates.
Contact Us
Guess Central welcomes your questions or comments regarding the
Terms:
GuessCentral.com
_________________
_________________, _________________ _________________
Email Address:
contact@guesscentral.com
Telephone number:
_________________
Effective as of October 19, 2023