Terms of Service
Last Updated: May 15, 2019
Welcome to Gameway, Inc., (“Gameway”, “We”, “Us”, “Our”), the first ever premium video airport game lounge where You can access Videogame Services and Food and Beverage Services while You wait for Your flight (collectively “Services”) at one of Our several locations (“Locations”).
If You are using Our Services on behalf of an individual or authorized legal entity other than Yourself, You represent that You are authorized by such individual or entity to act on such individual or entity’s behalf, and that such individual or entity acknowledges these Terms.
If You have any questions about this Terms of Service, or Your rights under this Agreement, please email Us at: Contact@AirportGameway.com
i. When You sign up and pay for Our videogame service (“Videogame Service”) with Us, We provide You with access to an individual gaming console, if available, where You may play any pre-downloaded videogame provided by Gameway. Access to the Videogame Service is not guaranteed and is dependent on availability of the individual gaming console, Your subscription or payment package, and Your compliance with these Terms. We reserve the right to terminate or cancel Your access to the Videogame Services, at any time and for any reason, in Our sole discretion, and without notice to You.
ii. If You are permitted access to the Videogame Service, You may be provided, without limitation and without guarantee, access to (1) a 4K television or monitor, (2) charging ports, (3) luggage compartments, and (4) noise cancelling headphones.
b. Food and Beverages
i. When You enter any of Our Locations, You shall have access to Our food and beverage services (“Food and Beverage Services”), regardless of whether or not You are using the Videogame Services. However, Your use of Our Food and Beverage Services is not guaranteed, and is dependent on availability and Your compliance with these Terms and any federal, state and/or local laws or regulations. We reserve the right to terminate or cancel Your access to the Food and Beverage Services, at any time and for any reason, in Our sole discretion, and without notice to You.
i. Our Services are currently only provided at lounges/locations (“Locations”) in the United States of America. However, We may provide Our Services at Locations in different countries in the future.
ii. You acknowledge and understand that Your right to use our Services is limited to our Locations, and access to our Locations is further restricted by this Agreement.
a. We welcome anyone to use Our Services. However, We reserve the right to deny or terminate access to Our Location and/or use of the Services at any time and for any reason.
b. By using Our Services, You represent and warrant that You are at least 18 years of age, or are represented by a parent or legal guardian if You are above the age of 13 but below the age of 18.
c. If You are below the age of 13, You shall be accompanied and represented by a parent or legal guardian at all times while using the Services and/or accessing the Locations.
d. All Users shall hold harmless and indemnify Gameway and its affiliates, partners, officers, licensors, distributors, agents, and/or employees from any claim, suit or action arising from or related to its use of any Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and reasonable attorney’s fees.
3. Signing Up
a. In order to access the Services, You may be required to create an account (“Account”) with Us by providing Your full name, a valid email address, password and other information (“User Information”) prompted by the registration form that We provide to You at the Location. You are responsible for Your own Account, including making sure Your User Information such as your password is secure. We may use User Information for internal business purposes, such as analytics and data collection, but We will never sell or distribute any personal or sensitive information collected. We may, however, use and/or sell aggregate de-identified data to help Our partners, affiliates, vendors and businesses understand, without limitation, demographics, trends and analytics.
b. If for whatever reason You believe Your login information or User Information has been compromised or used by someone else, please email Us immediately at Contact@AirportGameway.com
4. Login to Your Personal Videogame Account
a. You may login to Your own videogame accounts through Our Videogame Services (“Personal Account”). We will not save and/or store Your Personal Account information or login credentials. We do not guarantee access to Your Personal Account from Our Videogame Services. You shall log out of Your Personal Account before leaving the Location and/or ending Your access to the Services.
b. You shall not provide Your Personal Account details and give access to unauthorized users of Your Personal Account. You are solely responsible for what happens to or under Your Personal Account while using or accessing Our Services, whether used by You or a third party, or used after You leave a Location. We are not responsible for any loss of data, loss of Personal Account information and data, loss of game status, infringement, criminal or civil activity that occurs under or through Your Personal Account.
5. Restrictions on Personal Account
a. We reserve the right to cancel Your Use, Account and/or prohibit the use of Your Personal Account at Our Locations at any time and for any reason, including but not limited to:
i. Submitting any unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene, or otherwise objectionable content or messages;
ii. Any sexually explicit content or messages;
iii. Language or conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation;
iv. Posting or encouraging any unsolicited or unauthorized advertising, “spam,” or junk mail, including “chain letters” and “pyramid schemes”;
v. Submitting or using any content that is alleged to infringe any patent, trademark, trade secret, copyright, or other proprietary right;
vi. Uploading a virus or content designed to disrupt, limit, or damage any functionality of any computer software, hardware or server;
vii. Misuse of the Videogames Service;
viii. Harassing or threatening other Users both online and in the Locations; or
ix. If We in Our judgment and sole discretion deem it appropriate.
6. Restrictions on Use
a. Unless You have Our express written consent, You shall not, and will not attempt to:
i. Use the Services to submit, store, transmit, or process malicious code, worms or viruses;
Knowingly upload or provide false User Information to the Services;
ii. Use the Services to submit, store, transmit, or process content that is or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) libelous or defamatory; (c) fraudulent, tortious or unlawful; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) infringing of any person’s rights, any applicable laws, or Your obligations to any third party;
iii. Use the Services to submit, store, transmit or process content that would give rise to criminal or civil liability or that encourages unlawful activity;
iv. Gain unauthorized access to the Services, or to Our systems or networks;
v. Interfere with or disrupt the integrity or performance of the Services, or third-party content contained therein;
vi. Impersonate any person or entity or misrepresent Your affiliation with any person or entity in connection with the Services;
vii. Reverse engineer, disassemble, or decompile the Services or apply any other process or procedure to derive the source code of any software provided by the Services;
viii. Unless otherwise provided, remove and/or use any copyright, trademark, or other proprietary rights notice from the Services.
7. Payments and Fees
a. In order to use the Videogames Services, You shall pay a membership fee (“Membership Fee”), outlined at the time You sign up with Us. Membership Fees vary depending on the amount of time You choose to access and use the Services, and may be paid as a “one-time” fee or a monthly fee.
b. You are not required to pay for entrance into the Locations. However, You shall be required to pay the price listed for any Food and Beverage Services, if used.
d. We are not liable for any issues arising from or related to Your breach of any Third Party Payment Gateway’s policies. We may, from time-to-time, change Our Third Party Payment Gateway, and shall provide You with written notice of such change if You have an Account. All information collected through Our Third Party Payment Gateway, such as credit card information, names, and addresses, may be accessible to Us but will not be used by Us. We are not liable for any data or security breach, or compromised personal information that is caused, directly or indirectly, by the Third Party Payment Gateway.
e. Refunds for any payment and/or Membership Fees associated with the Services are not guaranteed. We may provide You with a refund if We deem it appropriate and possible.
9. Term and Termination
a. This Agreement commences and becomes effective upon accessing the Services, Locations and/or the Site (“Effective Date”), and shall continue indefinitely until You or We have cancelled or suspended Your Account or Your access to the Services or Locations (“Term”).
b. Either Party may terminate this Agreement and/or Your Account associated under this Agreement at any time without notice and for any reason (“Termination”).
10. Cancellation of Your Account
a. Without limiting or waiving any of Our other rights under these Terms, We may limit, suspend, terminate, modify, or delete Your Account or access to the Services if You are, or We suspect that You are, failing to comply with any of these Terms for any actual or suspected illegal or improper use of the Services, with or without notice to You. Additionally, We may limit, suspend, terminate, modify, or delete Your account or access to the Services if We believe that You are infringing Our intellectual property rights or third parties’, or are acting inconsistently with the letter or spirit of Our Terms or any published policies.
b. You may cancel Your Account with Us by emailing email@example.com or calling 800-996-3223 or by cancelling in person at any of Gameway Locations.
11. Information We Collect and How We Use It
a. We may use the information, User Information and data, collected and/or acquired by submission or transmission, solely for business purposes, including but not limited to, feedback and improvements to the Services, service and product development, data analytics, backup and maintenance, aggregate data compilation, and to share with any of Our partners, third party vendors, licensors, and partners who assist Us in providing the Services. If You submit feedback or suggestions about Our Services, We may use Your feedback or suggestions without notification to You. You may, however, request that We remove any feedback or testimonial by sending Us a written request at Contact@AirportGameway.com
i. We have legally purchased and own the licenses to all of the pre-downloaded videogames provided through the Videogame Service. No transfer of ownership, rights and/or title is created between You and Us Through Your access and use of the Videogame Service.
ii. By using Our Videogames Services, You are granted a limited, irrevocable, non-exclusive, right to only access and use the videogames provided through the Videogames Services at Our Locations. You do not have the right to copy, distribute, sell, sub-license, transfer, transmit, reproduce, fix, adapt, translate, reformate, and/or assign Your rights provided herein.
iii. Nothing herein should be considered by You to be in lieu of any obligation You may have to the publisher of the videogames provided through the Videogame Service. All rights in the videogames are reserved by their respective owners pursuant to their license terms.
\i. By using the Services and entering the Locations, We hereby grant You an implicit, limited and revocable license to enter and remain on Our real property (“Property License”). This Property License is subject to these terms and conditions, and may be revoked by Us at any time and for any reason, in Our sole discretion. We reserve the right to revoke this Property License and remove You from the Location for reasons including, without limitation; (1) harassing behavior towards another User or individual in the Location or online; (2) violating any of the terms in Section 6; (3) unauthorized access to the Services and/or Locations; (4) public intoxication; (5) profanity and/or nudity; (6) complaints from other Users, individuals and/or Gameway employees; and if We deem You pose a threat to Us or other Users or Individual at the Location.
13. Intellectual Property
a. Using the Services does not give You ownership of any intellectual property rights in the Services or the content You access. You shall not use content from Our Services and/or Locations, and/or Site unless You obtain explicit written permission from Us or the rightful owner or are otherwise permitted by law. These terms do not grant You the right to use any branding, trademarks, trade dress or logos used in the Services without Our written permission, unless provided otherwise. You shall not remove, obscure, or alter any legal notices displayed in or along with the Services. All content and information provided through Our Services is the intellectual property of Gameway and/or its licensors, unless We have acknowledged otherwise in writing, and We hold all rights, titles, and interests in the Services and any works associated with the Services, including without limitation, all logos, source code, images, videos, data, algorithms, patents, photos, trademarks, trade dress, informational material provided through the Services or by Us, and any resources, marketing material, articles, domain names, user database, business methods, research methods, referral lists, databases, updates, copyright (“Intellectual Property”) that We may provide You for the benefit of using the Services. Nothing in this Agreement or through Your use of the Services shall be construed to be a transfer or grant of title, ownership or rights to Our Intellectual Property.
14. Disclosure of User Information and Data
a. Your User Information, Data, and the contents of all of Your online communications and use of the Services (including without limitation, text, internet protocol addresses, personal information, personal identifiable information, User Information,) may be accessed and monitored as necessary to provide the Services, and also may be disclosed: (i) when We have a good faith belief that We are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where We believe that the Services are being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when We have a good faith belief that there is an emergency that poses a threat to the health and/or safety of You, another person or the public generally; and (v) in order to protect Our rights or property, including to enforce Our Terms. By entering into these Terms, You hereby provide Your irrevocable consent to such monitoring, access and necessary disclosure. We will only disclose information that is necessary and required for the purpose at hand.
15. Third Party Affiliates and Content
16. Disclaimer of Warranties
a. The services are provided to you on an “as is” and “as available” basis, without any express representations or warranties of any kind, and, to the fullest extent permitted by law, we disclaim all statutory or implied representations, warranties, terms and conditions with respect to the services, including any representations or warranties of satisfactory quality, merchantability, fitness for a particular purpose, noninfringement and title. Some jurisdictions do not allow the exclusion of certain warranties. Solely to the extent such law applies to you, some or all of the exclusions set forth above may not apply to you, and you may have additional rights.
17. Limitation of Liability
a. Gameway and its affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors (the “gameway entities”) shall not be liable to you for any indirect, incidental, special, consequential or exemplary damages of any kind, under any contract, negligence, tort, criminal activity, strict liability or other theory, including, but not limited to, damages for loss of profits, loss of data, goodwill, use, content, data, security of data, or loss of other intangibles, or the cost of procurement of substitute goods or services, or injury, even if we have been advised of the possibility of such damages. Further, the gameway entities shall not be responsible for any liability or damages arising in connection with or resulting from: (i) your use or inability to use the services, including as a result of any (a) termination or suspension of your account, or (b) any unanticipated or unscheduled downtime for any reason, including as a result of power outages, system failures, or other interruptions, or d) the cost of procurement of substitute services or goods; or (e) any investment, expenditure, or commitment by you in connection with this agreement or your use of or access to the services, (ii) any changes made to the services or any temporary or permanent cessation of the services or any part thereof; (iii) any unauthorized access to, alteration of, or deletion of your content; (iv) the deletion of, destruction, damage, loss, corruption of, or failure to store send or receive any of your content, transmissions or data on or through the services; (v) statements or conduct of any third party on the services; and (vi) any other matter relating to the service.
a. You shall defend, indemnify and hold each of the Gameway Entities harmless from and against any and all third-party claims, damages, losses, liabilities, demand, costs and expenses (including reasonable attorneys’ fees and costs), relating to or arising, directly or indirectly, in whole or in part, from:
(i) Your use or misuse of the Services;
(ii) Your use or misuse of Your Personal Account;
(iii) Your use of the Services or activities under Your Account or Personal Account;
(iv) Any breach or violation by You of this Agreement or of any applicable law;
(v) Any action taken by Us as part of Our investigation of a suspected violation of this Agreement by You, any of Your Users, or anyone using Your Account or Personal Account, or as a result of its finding or decision that such violation has occurred; or
(vi) Your infringing use of the Services;
(vii) Your violation of any rights of another, or a dispute between You and another customer of Gameway.
b. We reserve the right to assume, at Our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and You agree to fully cooperate with Us in the defense of any such claim, action, settlement, or compromise negotiations, as requested by Us. In no event will You settle any claim or action without Our prior written approval.
c. You agree not to sue Gameway, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn You, to suspend or terminate Your access to the Services, or to take any other action during the investigation of a suspected violation or as a result of Our conclusion that a violation of this Agreement has occurred.
19. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon, as if performed wholly within the state and without giving effect to the principles of conflict of law
20. Jurisdiction and Venue.
Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in Multnomah County, Oregon and the Parties hereby consent to personal jurisdiction and venue therein. You consent to exclusive jurisdiction and venue in these courts. We may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of Our or any third party’s intellectual property or other proprietary rights.
21. Independent Contractors.
The Parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the Parties.
22. No Third Party Beneficiaries.
There are no third-party beneficiaries to this Agreement.
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, invalid or unenforceable, the provision shall be modified by the court and interpreted so as best to accomplish the objectives and intent of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect. If such construction is not possible, the invalid or unenforceable portion will be severed from this Agreement but the remainder of the Agreement will remain in full force and effect.
You may not assign, delegate or sublicense any of Your rights or obligations hereunder, whether by operation of law or otherwise, without prior written consent. Any assignment or transfer in violation of this Section will be void. Subject to the foregoing, if Gameway agrees to an assignment, delegation or sublicense, this Agreement will be binding upon, and inure to the benefit of the parties and their respective successors and assigns. You will send all unaffiliated parties seeking access to the Services to Us.
25. No waiver.
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision or of any other right or provision. All waivers must be in writing to be effective.
26. Force Majeure.
Gameway and its Affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond Our or their reasonable control, including, without limitation, acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, Services or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
27. Entire Agreement.
28. Notices to You.
We may provide You with notices regarding the Services, including changes to this Agreement, by email to Your email address (and/or other alternate email address associated with Your Account if provided), or by postings on the Website and/or the Services. It is Your responsibility to keep Your email address current. You will be deemed to have received any email sent to the email address then associated with Your account when We send the email, whether or not You actually receive the email.
29. Electronic Transactions.
You consent to receiving electronic communications and notifications from Us in connection with Your use of the Services and this Agreement. You agree that any such communication will satisfy any legal communication requirements, including that such communications be in writing.