Terms of Service
These Terms and Conditions of Use (“Terms of Use”) apply to certain interactions as described herein that occur between the party clicking “accept” below and/or using the Tabletop Adventure Creator Platform (“you,” “user,” or “visitor”) and Tabletop Adventure Creator LLC, and their affiliates, subsidiaries, and divisions (collectively, “Tabletop Adventure Creator”, “we”, “us”, or “our”). These Terms of Use apply to the Tabletop Adventure Creator websites that post these Terms of Use (including, without limitation, [https://tabletopadventurecreator.com]) (each a “Site”) and to any use of the Tabletop Adventure Creator software, and mobile applications, regardless of whether accessed via computer, mobile device, or otherwise (collectively with all Sites, the “Tabletop Adventure Creator Platforms”). The Tabletop Adventure Creator Platforms are owned or controlled by Tabletop Adventure Creator.
The user should carefully read and understand the Terms of Use before accessing or using the Tabletop Adventure Creator Platforms. These Terms of Use outline the rights, responsibilities, and obligations of both the user and Tabletop Adventure Creator and govern the user's access to and use of the Tabletop Adventure Creator Platforms. By accessing or using the Tabletop Adventure Creator Platforms in any way, the user acknowledges that they have read and understood the Terms of Use in their entirety and agree to be bound by these Terms of Use. This is a legally binding agreement between the user and Tabletop Adventure Creator. If the user does not fully agree with any part of the Terms of Use, the user should immediately refrain from using the Tabletop Adventure Creator Platforms. Continued use of the Tabletop Adventure Creator Platforms constitutes the user's consent to abide by these Terms of Use and to be bound by them in their entirety.
By accessing or using the Tabletop Adventure Creator service, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you may not use our service.
1. Tabletop Adventure Creator agrees to provide access to the Tabletop Adventure Creator Platforms in accordance with the Terms of Use.
2. The user accepts that the Tabletop Adventure Creator Platforms are provided on an “as is, as available” basis, without any warranties, representations, or guarantees of any kind, either express or implied. The Tabletop Adventure Creator Platforms are offered in their current condition, with all of their features, functionalities, and limitations. By using the Tabletop Adventure Creator Platforms, the user understands that the platforms may contain bugs, errors, defects, or other issues that could affect their performance, functionality, or usability. We make no representations regarding the accuracy, completeness, or reliability of the Tabletop Adventure Creator Platforms' content, tools, or services, and do not guarantee that the Tabletop Adventure Creator Platforms will meet the user's specific requirements or expectations. The user understands that the availability and functionality of the Tabletop Adventure Creator Platforms may be subject to change, and access to them may be temporarily or permanently interrupted due to technical issues, maintenance, upgrades, or other reasons beyond our control. We do not guarantee continuous, uninterrupted, or error-free access to the Tabletop Adventure Creator Platforms and may, at our sole discretion, suspend, modify, or discontinue any aspect of the Tabletop Adventure Creator Platforms without prior notice.
3. ALL MATERIALS, OPINIONS, ADVICE, STATEMENTS, MEMORANDUM, OR OTHER CONTENT DISPLAYED OR DISTRIBUTED BY TABLETOP ADVENTURE CREATOR ON THE TABLETOP ADVENTURE CREATOR PLATFORMS (THE “TABLETOP ADVENTURE CREATOR CONTENT”) IS INTENDED SOLELY FOR GENERAL INFORMATIONAL PURPOSES. THE TABLETOP ADVENTURE CREATOR CONTENT IS NOT AND SHOULD NOT BE INTERPRETED AS PROFESSIONAL ADVICE OF ANY KIND, INCLUDING LEGAL, MEDICAL, FINANCIAL, OR ANY OTHER LICENSED PROFESSIONAL ADVICE. FOR SPECIFIC LEGAL ADVICE OR GUIDANCE RELATED TO THE USER'S PERSONAL OR BUSINESS SITUATION, THE USER IS STRONGLY ENCOURAGED TO RETAIN QUALIFIED LEGAL COUNSEL OR CONSULT WITH OTHER APPROPRIATE LICENSED PROFESSIONALS. Tabletop Adventure Creator makes no representation, warranties, or endorsements regarding the accuracy, completeness, or reliability of the Tabletop Adventure Creator Content. By using the Tabletop Adventure Creator Platforms, the user acknowledges and agrees that any reliance on any Tabletop Adventure Creator Content is done at the user's sole risk, and the user assumes full responsibility for any consequences arising from such reliance. Tabletop Adventure Creator reserves the right, in its sole discretion and without prior notice, to modify, update, or correct any errors or omissions in any portion of the Tabletop Adventure Creator Platforms.
4. USER ACCESS TO AND USE OF THE TABLETOP ADVENTURE CREATOR PLATFORMS MAY BE TERMINATED AT ANY TIME, WITH OR WITHOUT CAUSE, BY EITHER THE USER OR BY TABLETOP ADVENTURE CREATOR. The user has the right to discontinue use of the Tabletop Adventure Creator Platforms at any time by ceasing to access or interact with the Tabletop Adventure Creator Platforms. Similarly, Tabletop Adventure Creator reserves the right, at its sole discretion, to suspend, restrict, or terminate the user's access to the Tabletop Adventure Creator Platforms, or any associated features, with or without notice, and for any reason, including but not limited to violation of the Terms of Use, inappropriate behavior, non-compliance with the Tabletop Adventure Creator Platform rules, or for any other reason deemed necessary by Tabletop Adventure Creator. In the event of termination by either party, Tabletop Adventure Creator will not be liable for any damages, losses, or consequences that arise from the termination, including any loss of data, content, or access to services. The user acknowledges that, upon termination, any content, materials, or data submitted by the user to the Tabletop Adventure Creator Platforms may be deleted or become inaccessible, and Tabletop Adventure Creators will not be responsible for any such loss or inaccessibility.
5. TABLETOP ADVENTURE CREATOR MAY, SUBJECT TO AND IN ACCORDANCE WITH TABLETOP ADVENTURE CREATOR'S PRIVACY POLICY AND FOR VARIOUS PURPOSES, INCLUDING MARKETING, IMPROVEMENT OF SERVICES, AND OTHER LEGITIMATE BUSINESS OPERATIONS, COLLECT, PROCESS AND TRANSMIT CERTAIN DATA OBTAINED FROM AND ABOUT THE USER IN THE COURSE OF THEIR ACCESS TO AND USE OF THE TABLETOP ADVENTURE CREATOR PLATFORMS. THIS INCLUDES, BUT IT IS NOT LIMITED TO PERSONAL INFORMATION, USAGE DATA, AND OTHER RELEVANT DETAILS PROVIDED BY THE USER DURING INTERACTIONS WITH THE TABLETOP ADVENTURE CREATOR PLATFORMS, SUCH AS ACCOUNT CREATOR, USE OF SERVICES, COMMUNICATIONS, OR ANY PHONE CONSULTATIONS. BY AGREEING TO THESE TERMS OF USE, THE USER ACKNOWLEDGES AND CONSENTS TO THE COLLECTION, PROCESSING, AND TRANSMISSION OF SUCH DATA IN ACCORDANCE WITH TABLETOP ADVENTURE CREATOR'S PRIVACY POLICY, WHICH OUTLINES HOW USER DATA IS HANDLED, STORED, AND SHARED. THIS CONSENT INCLUDES THE POSSIBILITY THAT USER DATA MAY BE TRANSMITTED TO THIRD PARTIES, BOTH WITHIN AND OUTSIDE OF THE UNITED STATES, AS NECESSARY FOR PURPOSES OUTLINED IN TABLETOP ADVENTURE CREATOR'S PRIVACY POLICY OR AS REQUIRED BY APPLICABLE LAW.
6. In the event that you owe Tabletop Adventure Creator any outstanding funds for services rendered, you expressly consent to receive communications related to debt collection, including but not limited to emails, at any time of the day or night. These communications may be sent directly from Tabletop Adventure Creator or from our third-party debt collection service providers, representatives, or agents, subject to applicable debt collection practices laws, rules and regulations. By agreeing with these Terms of Use, you certify that any email address you provide to Tabletop Adventure Creator can be used by Tabletop Adventure Creator and its authorized representatives or agents for purposes of debt collection communications. You also certify that any email address you provide is a personal email address and not a work email address or other email address that is controlled, managed or subject to deletion by someone other than yourself. It is your sole responsibility to ensure that the email address provided is one that you can access and control. In the event that you change your email address, it is your obligation to promptly update Tabletop Adventure Creator with your new email address to ensure that debt collection communications can continue without disruption. Failure to keep your contact information current may result in missed communications, which could impact your ability to manage or resolve your debt. For more information regarding the type of data we collect, how it is used, and how it is stored, you can access our Privacy Policy by clicking here.
7. The Tabletop Adventure Creator Platforms, including all Tabletop Adventure Creator Content displayed, performed, or made available on these platforms, are protected by copyright laws as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and applicable copyright laws in other jurisdictions. The user is granted a limited, non-exclusive, revocable license to view and download one copy of the Tabletop Adventure Creator Content for their personal, non-commercial use, subject to the terms and conditions set forth in these Terms of Use. The user is expressly prohibited from removing, altering, or obscuring any copyright, trademark, or other proprietary notices that appear on the Tabletop Adventure Creator Content, including any rights management information, watermarks, or other identification markets. The user may not use the Tabletop Adventure Creator Content in any manner that could infringe upon the intellectual property rights of Tabletop Adventure Creator or any third-party rights holders. All Tabletop Adventure Creator Content is protected by copyright laws as a collective work and/or compilation under U.S. copyright laws, international conventions, and other applicable copyright laws. The user is granted a limited, non-exclusive license to view and download a copy of the Tabletop Adventure Creator Content onto a single computer or device for personal use only. The license is subject to compliance with all copyright laws, and the user is prohibited from removing, altering, or obscuring any copyright, trademark, or other proprietary notices that appear on or within the Tabletop Adventure Creator Content. All Tabletop Adventure Creator Content is protected by copyright and is owned, controlled, or licensed by Tabletop Adventure Creator or the party responsible for creating and providing such content. The user agrees to abide by any and all copyright notices, restrictions, or terms of use provided with the Tabletop Adventure Creator Content. These may include, but are not limited to, conditions governing the use, distribution, and modification of the Tabletop Adventure Creator Content. In addition to personal use, the user is granted permission to use, copy, modify, distribute and sell the Tabletop Adventure Creator Content, subject to compliance with all applicable copyright laws. Any commercial use of the Tabletop Adventure Creator Content must be in accordance with the relevant copyright laws, and the user is required to ensure that their use does not infringe upon the intellectual property rights of Tabletop Adventure Creator or any third-party copyright holders. The user acknowledges that such use is permitted only as long as it adheres to these legal requirements and the terms set forth in these Terms of Use. The user is solely responsible for ensuring that any use of the Tabletop Adventure Creator Content, including any commercial use, complies with all applicable copyright laws, and agrees to indemnify Tabletop Adventure Creator for any claims resulting from unauthorized use of the Tabletop Adventure Creator Content.
8. No intellectual property or other rights shall be transferred to the user through their use of the Tabletop Adventure Creator Platforms. Tabletop Adventure Creator is not able to confirm that the Tabletop Adventure Creator Content is correct in every case. Tabletop Adventure Creator reserves the right to make changes to the Tabletop Adventure Creator Platforms, including the Tabletop Adventure Creator Content, at any time and without notice or liability. Tabletop Adventure Creator may also impose limits on certain features and services or restrict the user's access to parts or all of the Tabletop Adventure Creator Platforms at any time and without notice or liability.
9. The user represents, warrants, and covenants that: (a) the user shall not upload, post or transmit to, distribute, or otherwise publish through the Tabletop Adventure Creator Platforms any materials which (i) restrict or inhibit any other user from using and enjoying the Tabletop Adventure Creator Platforms, including through disruptive, harassing, or otherwise harmful behavior (ii) are unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, or otherwise objectionable in nature, or that promote hatred, discrimination, or violence against individuals or groups based on race, religion, gender, sexual orientation, disability, or other protected categories (iii) constitute or encourage conduct that could lead to a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international laws, regulations, or ordinances, (iv) violate or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, or engage in any form of plagiarism, (v) contain any virus, malware, spyware, or other harmful or malicious components that could damage, disrupt, or otherwise negatively impact the functionality or security of the Tabletop Adventure Creator Platforms or any other users' devices or systems, (vi) contain any information, software or other materials that are primarily commercial in nature or intended for commercial purposes, unless in accordance with Section 7 above, (vii) contain advertisements, solicitations, or promotional content of any kind, unless explicitly permitted by Tabletop Adventure Creator in writing or as part of a designated promotional program or opportunity or (viii) contain false, misleading, or deceptive statements, including but not limited to false or misleading claims regarding the origin of the content or misrepresentations about the user's identity, affiliation, or qualifications; and (b) the user affirms that they are at least eighteen (18) years old, or, if under the age of eighteen (18), they have obtained the appropriate consent from a parent or legal guardian to use the Tabletop Adventure Creator Platforms, and that they possess the legal capacity to enter into this agreement and abide by these Terms of Use.
10. The user acknowledges that transmissions to and from the Tabletop Adventure Creator Platforms, including but not limited to emails, messages, and other forms of communication, are not secure or confidential. Communications sent via the Internet, including emails, are inherently vulnerable to interception, unauthorized access, and potential alteration by third parties. As a result, Tabletop Adventure Creator cannot and does not guarantee the privacy, security, or confidentiality of any communications sent to or from the Tabletop Adventure Creator Platforms, including those transmitted via email. The user also agrees that any violation of this section, including using the Tabletop Adventure Creator Platforms for any illegal activity, including but not limited to, repeated unwanted emails or engaging in “spam” activity, may result in legal action. Tabletop Adventure Creator reserves the right to pursue legal remedies to the fullest extent permitted by law against individuals or entities engaging in such unlawful behavior. The user acknowledges that by submitting communications to Tabletop Adventure Creator, no confidential, fiduciary, contractually implied, or any other relationship is created or established between the user and Tabletop Adventure Creator, except as expressly provided under these Terms of Use and any subsequent written agreement entered into with Tabletop Adventure Creator. Any communication or submission made by the user to Tabletop Adventure Creator will not create any expectation of confidentiality beyond what is explicitly outlined in these Terms of Use or any formal agreement entered into between the user and Tabletop Adventure Creator.
11. Tabletop Adventure Creator's failure to enforce any provision of these Terms of Use or take any immediate action in response to a violation of these Terms of Use, shall not be construed as a waiver, relinquishment or limitation of Tabletop Adventure Creator's right to subsequently enforce that provision or any other provision of these Terms of Use at any future time. The user acknowledges and agrees that Tabletop Adventure Creator retains the right, at its sole discretion, to enforce these Terms of Use rigorously and to compel strict compliance with all provisions, regardless of whether Tabletop Adventure Creator has previously refrained from doing so or has failed to take immediate action in response to prior violations. In the event Tabletop Adventure Creator chooses to waive enforcement of a specific provision temporarily, this waiver does not extend to any subsequent violations of the same provision or other provisions of these Terms of Use, and Tabletop Adventure Creator reserves the right to enforce all provisions of these Terms of Use in full, at any time, without prior notice.
12. These Terms of Use shall be deemed severable, and the invalidity or unenforceability of any provisions herein under any applicable law or regulation shall not affect the validity or enforceability of the remaining provisions herein. If any provision is deemed invalid or unenforceable in a particular jurisdiction or context, such invalidity or unenforceability shall not affect the validity or enforceability of that provision in other jurisdictions or situations where it remains valid and enforceable. Tabletop Adventure Creator reserves the right to make any necessary amendments to these Terms of Use to ensure that all provisions are valid, enforceable, and reflect the original intent of Tabletop Adventure Creator.
13. Either you or Tabletop Adventure Creator have the right to suspend or terminate your access to the Tabletop Adventure Creator Platforms at any time, for any reason, and without prior notice. Tabletop Adventure Creator reserves the right to exercise this right at its sole discretion, based on factors such as, but not limited to, violation of these Terms of Use, security concerns, maintenance requirements, or any other operational considerations. If you choose to terminate your access to the Tabletop Adventure Creator Platforms, you must provide notice to Tabletop Adventure Creator through the appropriate communication channels as specified by Tabletop Adventure Creator. The termination will take effect upon Tabletop Adventure Creator's receipt of your notice, and all access privileges associated with your account or login will be revoked at that time. In the event of termination, you acknowledge that any Tabletop Adventure Creator Content, as well as any rights you may have to access such content, may be lost, and Tabletop Adventure Creator will not be liable for any such loss. Additionally, Tabletop Adventure Creator may, at its sole discretion, retain certain information for legal, administrative, or record-keeping purposes, as permitted under applicable laws or its Privacy Policy.
The termination of access by either you or Tabletop Adventure Creator shall not affect the validity of any provisions with these Terms of Use that, by their nature, are intended to survive such termination. Provisions that are expressly or implicitly designed to continue in effect and survive termination of these Terms of Use include, but are not limited to, disclaimers and warranties, limitations on liability, indemnification obligations, and retention of personal information.
14. The user hereby agree to indemnify, defend and hold harmless Tabletop Adventure Creator, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”), from and against any and all claims, actions, demands, liabilities, damages, losses, judgments, costs, or expenses (including, but not limited to, reasonable attorneys' fees and court costs) incurred by the Indemnified Parties in connection with (i) any breach or alleged breach by the user of these Terms of Use or any other representations, warranties, or covenants made herein by the user, (ii) any use of Tabletop Adventure Creator Platforms or Tabletop Adventure Creator Content by the user that violates or infringes the rights of Tabletop Adventure Creator or any third party, including intellectual property rights, privacy rights, or contractual obligations, (iii) any unauthorized access, disclosure, modification, or use of data or information provided by Tabletop Adventure Creator, or (iv) any other acts, omissions, or conduct by the user that may result in legal claims, disputes, or proceedings involving the Indemnified Parties.
The user shall fully cooperate, to the extent reasonably required, with Tabletop Adventure Creator in the defense of any claim, including providing access to necessary documents, records, and witnesses, and complying with any legal or procedural requirements. Tabletop Adventure Creator reserves the right, at its sole discretion and expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the user under these Terms of Use, including the right to settle any claim or dispute in a matter it deems appropriate. In such cases, the user shall not settle or compromise any such matter without the prior written consent of Tabletop Adventure Creator, which consent may be withheld in Tabletop Adventure Creator's sole discretion.
15. Where Tabletop Adventure Creator provides hypertext links from or to third-party websites, these links are offered solely for the convenience and informational purposes of the user. Tabletop Adventure Creator does not review, endorse, approve or control the content, accuracy, legality, or any other aspect of these third-party websites. Tabletop Adventure Creator is not responsible for the practices, products, resources, or services of any third parties linked to or from the Tabletop Adventure Creator Platforms. By accessing any third-party website via a link provided on the Tabletop Adventure Creator Platforms, the user acknowledges and agrees that such access is entirely at their own risk. Tabletop Adventure Creator makes no representations or warranties, express or implied, regarding any third-party website, nor does it accept any responsibility or liability for the content, resources, or services available on those sites. The presence of a hyperlink does not imply any endorsement, sponsorship, or affiliation between Tabletop Adventure Creator and the third-party websites. The user agrees that Tabletop Adventure Creator shall not be held liable for any damages, losses, or expenses arising from the use of, or access to, any third-party websites, whether through direct links or other means of navigation, and that Tabletop Adventure Creator shall have no obligation to monitor, verify, or take responsibility for any content found on such external sites. As a result, the user is strongly encouraged to review the terms of use, privacy policies, and other relevant information of any third-party website before interacting with it.
16. These Terms of Use represent the complete and exclusive understanding between the user and Tabletop Adventure Creator with respect to the use of the Tabletop Adventure Creator Platforms. No oral or written representation, statements, or inducements made by either party that are not expressly contained herein shall have any binding effect on either the user or Tabletop Adventure Creator. Tabletop Adventure Creator reserves the right, at its sole discretion, to change, modify, update, add or remove any portion of these Terms of Use, in whole or in part, at any time. Any such changes will be effective immediately upon posting on the Tabletop Adventure Creator Platforms, unless otherwise stated. The user is responsible for reviewing these Terms of Use regularly to stay informed of any updates or modifications. Continued use of the Tabletop Adventure Creator Platforms after any changes to these Terms of Use will constitute the user's acceptance of the updated Terms of Use.
17. The Tabletop Adventure Creator Platforms are not intended for children under the age of thirteen (13). We do not knowingly collect, store, or process any personal information from individuals under thirteen (13) years of age. If you are under thirteen (13), you are prohibited from using the Tabletop Adventure Creator Platforms, providing any personal information, registering for any services, or interacting with any public or interactive features available on the Tabletop Adventure Creator Platforms. Personal information includes, but is not limited to, your name, address, phone number, email address, or any other identifiable information.
If we discover that we have inadvertently collected personal information from a child under the age of thirteen (13) without verified parental consent, we will take immediate steps to delete such information from our records. Parents and guardians are encouraged to regularly monitor their children's online activity and ensure compliance with these age restrictions.
If you are a California resident under the age of 16, you may have additional rights regarding the collection, sale, and deletion of your personal information. For more information regarding the rights of minors under California law, please review our Privacy Policy, which includes details about how we handle personal data in accordance with the California Consumer Privacy Act.
The Tabletop Adventure Creator Platforms may offer various features, such as chat functions, comment sections, or message boards, that allow users, including children, to communicate with others. While these features can be valuable for building community, we do not control or monitor the specific content users share through these functions.
18. The Tabletop Adventure Creator Platforms are controlled and operated from within the United States. While we understand that users from outside the United States, including foreign citizens, may have access to and use the Tabletop Adventure Creator Platforms, we make no representations or warranties regarding the appropriateness of the Tabletop Adventure Creator Platforms or the Tabletop Adventure Creator Content for users in other countries. By accessing the Tabletop Adventure Creator Platforms from outside the United States, users do so at their own risk. To the extent that any such user accesses the Tabletop Adventure Creator Platforms, we are committed to complying with all applicable privacy and data protection laws that govern such access.
For residents of the European Union (“EU”), the General Data Protection Regulation (“GDPR”) provides certain rights concerning the processing of personal information. If you are a resident of the EU and have questions or concerns about the processing of your personal information, please review our Privacy Policy or contact us directly for further assistance.
19. THESE TERMS OF USE ARE DEEMED TO HAVE BEEN CREATED AND DELIVERED IN THE STATE OF NEW JERSEY AND WILL BE GOVERNED BY THE LAWS OF THE STATE OF NEW JERSEY (WITHOUT REGARD TO ITS CONFLICTS OF LAWS PROVISIONS). EXCEPT AS SET FORTH HEREIN, THE PARTIES WAIVE ALL RIGHTS TO HAVE THEIR CLAIMS OR DEFENSES ARISING UNDER THESE TERMS OF USE HEARD OR DECIDED BY A JUDGE, JURY, OR IN A COURT TRIAL, REGARDLESS OF THE BASIS OF THE CLAIMS OR THEORIES THEREOF. ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OF USE SHALL BE SUBMITTED TO AND DECIDED BY BINDING ARBITRATION IN THE STATE OF NEW JERSEY. THE ARBITRATION WILL BE ADMINISTERED BY JAMS UNDER ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES, UNLESS OTHERWISE AGREED BY THE PARTIES. THE ARBITRATION WILL BE CONDUCTED BY ONE (1) ARBITRATOR AND WILL TAKE PLACE VIRTUALLY. THE PARTY INITIATING THE ARBITRATION SHALL BE RESPONSIBLE FOR ALL JAMS' ARBITRATION FEES, INCLUDING BUT NOT LIMITED TO, THE ARBITRATOR'S HOURLY FEES AND ANY AND ALL APPLICABLE FILING AND ADMINISTRATIVE FEES. THE PARTIES AGREE TO PROVIDE ONE ANOTHER WITH REASONABLE ACCESS TO DOCUMENTS AND WITNESSES IN CONNECTION WITH THE RESOLUTION OF THE DISPUTE. ANY AWARD OR DETERMINATION OF THE ARBITRATION TRIBUNAL SHALL BE FINAL, NON-APPEALABLE, AND CONCLUSIVE UPON THE PARTIES. NOTWITHSTANDING THE FOREGOING, NOTHING CONTAINED HEREIN SHALL PROHIBIT ANY PARTY FROM SEEKING AN INJUNCTION OR EMERGENCY RELIEF IN A COURT OF COMPETENT JURISDICTION (INCLUDING, BUT NOT LIMITED TO, FOR THE PURPOSES OF ENFORCING THESE TERMS OF USE). THE PARTIES FURTHER AGREE THAT, FOR PURPOSES OF SEEKING SUCH INJUNCTIVE OR EMERGENT RELIEF, THE FEDERAL OR STATE COURTS LOCATED IN THE STATE OF NEW JERSEY SHALL HAVE SOLE AND EXCLUSIVE JURISDICTION, AND BOTH PARTIES CONSENT TO PERSONAL AND EXCLUSIVE JURISDICTION AND VENUE IN THE STATE OF NEW JERSEY, AND HEREBY WAIVE ANY OBJECTION BASED ON IMPROPER FORUM OR JURISDICTION.