1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and 1899 ("we," "us," or "our") concerning your access to and use of the 1899 mobile application (the "App") and related services.
By downloading, installing, accessing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the App.
2. Eligibility
You must be at least 16 years old to use the App. By using the App, you represent and warrant that:
- You are at least 16 years of age
- You have the legal capacity to enter into these Terms
- You will comply with all applicable laws and regulations
- All information you provide is accurate and truthful
If you are under 18 years old, you must have permission from a parent or legal guardian to use the App.
3. License to Use the App
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on your mobile device solely for your personal, non-commercial use.
Restrictions
You agree not to:
- Copy, modify, distribute, sell, or lease any part of the App
- Reverse engineer, decompile, or attempt to extract the source code of the App
- Remove, alter, or obscure any proprietary notices on the App
- Use the App for any unlawful purpose or in violation of these Terms
- Interfere with or disrupt the App's functionality or servers
- Attempt to gain unauthorized access to any systems or networks
- Use automated systems (bots, scripts) to access or interact with the App
- Impersonate another person or entity
4. User Accounts and Responsibilities
To access certain features of the App, you may be required to create an account. When creating an account:
- Provide accurate, current, and complete information
- Maintain and update your information to keep it accurate
- Maintain the security of your account credentials
- Notify us immediately of any unauthorized access or security breach
- Accept responsibility for all activities under your account
You are solely responsible for all activities that occur under your account. We are not liable for any loss or damage arising from unauthorized use of your account.
5. Gaming Club Services
The App provides access to gaming club services, including but not limited to:
- Gaming station reservations and bookings
- Purchase of gaming time, equipment rentals, and services
- Food and beverage orders
- Event and tournament registrations
- QR code-based check-in and verification
Reservations and Bookings
When making reservations through the App:
- All reservations are subject to availability
- You must arrive on time; late arrivals may result in reduced gaming time
- Cancellations must be made in accordance with our cancellation policy
- No-shows may result in account restrictions or penalties
- We reserve the right to cancel or modify reservations due to unforeseen circumstances
Payments and Purchases
All purchases made through the App are subject to the following terms:
- All prices are displayed in the local currency and are subject to change
- Payment must be completed before services are rendered
- All sales are final unless otherwise specified in our refund policy
- You are responsible for any applicable taxes or fees
- Payment processing is handled by third-party payment providers
6. Gaming Club Rules and Conduct
When using gaming club facilities through the App, you agree to abide by all club rules and policies, including:
- Age Requirements: Minimum age of 16; users under 18 require parental supervision
- Equipment Care: Respect and properly use all gaming equipment and facilities
- Behavior: Maintain respectful conduct toward staff and other users
- Prohibited Items: No outside food, drinks, smoking, or alcohol on premises
- Health & Safety: Take regular breaks and stay hydrated during gaming sessions
- Punctuality: Arrive on time to ensure full playtime allocation
Violation of club rules may result in immediate termination of your session, account suspension, or permanent ban from the App and gaming facilities.
7. User Content
The App may allow you to create, submit, or share content, including but not limited to:
- Profile information and gaming preferences
- Event registrations and tournament participation
- Reviews, ratings, and feedback
- Communication with staff or other users
You retain ownership of any content you submit, but you grant us a worldwide, non-exclusive, royalty-free license to use, display, reproduce, and distribute your content in connection with operating and promoting the App.
You represent and warrant that your content:
- Does not violate any laws or regulations
- Does not infringe on third-party rights (intellectual property, privacy, etc.)
- Is not defamatory, obscene, offensive, or harmful
- Does not contain malicious code or viruses
8. Intellectual Property Rights
The App and all its content, features, and functionality (including but not limited to software, text, graphics, logos, icons, images, audio, video, and design) are owned by 1899 or our licensors and are protected by copyright, trademark, patent, and other intellectual property laws.
You may not use our trademarks, logos, or proprietary information without our prior written consent. Any unauthorized use may result in legal action.
9. Third-Party Services and Links
The App may contain links to third-party websites, services, or resources that are not owned or controlled by us. We are not responsible for:
- The content, accuracy, or practices of third-party services
- Any damages or losses caused by third-party services
- Privacy practices of third-party services
Your use of third-party services is at your own risk and subject to their terms and policies.
10. Privacy and Data Protection
Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your information.
11. Disclaimers and Limitation of Liability
Disclaimer of Warranties
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- Warranties of merchantability, fitness for a particular purpose, or non-infringement
- Warranties that the App will be uninterrupted, secure, or error-free
- Warranties regarding the accuracy, reliability, or completeness of content
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, 1899 SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- Loss of profits, revenue, data, or business opportunities
- Personal injury or property damage arising from your use of the App
- Unauthorized access to or alteration of your data
- Statements or conduct of third parties on the App
Our total liability to you for all claims arising from or related to the App shall not exceed the amount you paid us in the twelve (12) months preceding the claim, or $100, whichever is greater.
12. Indemnification
You agree to indemnify, defend, and hold harmless 1899, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:
- Your use of the App or gaming club services
- Your violation of these Terms or applicable laws
- Your violation of any third-party rights
- Your content or conduct on the App
13. Termination
We reserve the right to suspend or terminate your access to the App at any time, with or without cause or notice, for any reason including but not limited to:
- Violation of these Terms or club rules
- Fraudulent, abusive, or illegal activity
- Failure to pay for services rendered
- Extended inactivity
Upon termination:
- Your license to use the App will immediately cease
- You must stop using the App and delete it from your devices
- We may delete your account data in accordance with our data retention policies
- Provisions that by their nature should survive termination will remain in effect
You may terminate your account at any time by contacting us or using the account deletion feature in the App.
14. Modifications to Terms
We reserve the right to modify these Terms at any time. When we make changes:
- We will update the "Last updated" date at the top of these Terms
- We may notify you through the App, email, or other means
- Continued use of the App after changes constitutes acceptance of the new Terms
If you do not agree to the modified Terms, you must stop using the App.
15. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which 1899 operates, without regard to conflict of law principles.
Dispute Resolution
In the event of any dispute, claim, or controversy arising from or relating to these Terms or the App:
- You agree to first contact us to attempt to resolve the dispute informally
- If informal resolution fails, disputes may be subject to binding arbitration or litigation in the appropriate courts
- You waive any right to participate in class action lawsuits or class-wide arbitration
16. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the extent necessary to make it valid and enforceable while preserving its intent.
17. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices or policies published on the App, constitute the entire agreement between you and 1899 regarding your use of the App and supersede all prior agreements and understandings.
18. Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative.
19. Assignment
You may not assign or transfer these Terms or your rights and obligations hereunder without our prior written consent. We may assign these Terms without restriction.
20. Force Majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, labor disputes, or government actions.
21. Contact Information
If you have any questions, concerns, or feedback regarding these Terms or the App, please contact us:
Email: [email protected]
App: 1899
22. Acknowledgment
BY USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.