Terms of Service
Welcome to (the “Website”). This Website is provided solely to assist customers in gathering PhantomRealm store information, determining the availability of PhantomRealm VR Arcade related services, making legitimate reservations, and for no other purposes. The terms “we”, “us”, “our”, and “Darkspede.” refer to Darkspede Pty Ltd., a Melbourne Company, and Darkspede’ affiliate PhantomRealm. The term “you” refers to the customer visiting the Website and/or booking a reservation on this Website or through our customer service agents.
USE OF THE WEBSITE
The content and information on this Website (including, but not limited to, price and availability of VR Arcade related services), as well as the infrastructure used to provide such content and information, is proprietary to us. While you may make limited copies of your booking information (and related documents) for service reservations booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
Use this Website or its contents for any commercial purpose;
Make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
Access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
Violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
Deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
“frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization.
If your booking or account shows signs of fraud, abuse or suspicious activity, Darkspede may cancel any service reservations associated with your name, email address or account, and close any associated PhantomRealm accounts. If you have conducted any fraudulent activity, Darkspede reserves the right to take any necessary legal action and you may be liable for monetary losses to Darkspede, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact Darkspede Customer Service.
Accounts are available only to persons of legal age to form a binding contract and who is not a person barred from receiving services under the laws of Australia, or other jurisdictions in which we operate or 2), at their option, their minor child over the age of 13. Parents must register for minors over the age of 13, in which case they will take full responsibility for all obligations under this Agreement. Under no circumstances will the games offered through the Website be available to minors under 13 years of age. By registering an account, you represent that you are a person of legal age to form a binding contract and are not a person barred from receiving services under the laws of Australia, or other jurisdictions and are either accepting this Agreement on behalf of yourself or your minor child. Accounts are personal and may not be shared with, or transferred to, anyone, except for a parent or guardian, who may permit one child over the age of 13 to use the Account instead of you (in which case you may not use that Account). You are liable for all activities conducted through the Account, and parents or guardians are liable for the activities of their minor children. Corporations and other entities are not eligible to register for an account.
To make a booking, you are required to provide complete and accurate user information, including your name, home address, telephone number, billing address, and e-mail. If you provide inaccurate information, your Account may be terminated. Contact us if you believe that your password or other account information has been compromised or taken.
THE WEBSITE, THE ACCOUNT, AND THE BOOKINGS OFFERED ARE PROVIDED “AS IS“. WE DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, we do not ensure continuous, error-free, secure or virus-free operation of the Website, your account or continued operation or availability of any given server. Further, we cannot and do not promise or ensure that you will be able to access your account whenever you want. You agree to assume the risk as to the results and performance of the Website in connection with your hardware and software, and you assume the entire cost of all servicing, repair and/or correction of your hardware and software.
IN NO EVENT SHALL WE, AND OUR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE POSSESSION, USE, OR MALFUNCTION OF THE WEBSITE, YOUR ACCOUNT, OR THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, DAMAGE TO PROPERTY AND TO THE EXTENT PERMITTED BY APPLICABLE LAW-DAMAGES FOR PERSONAL INJURY. THE LIABILITY OF DARKSPEDE IS LIMITED TO $50. YOU AGREE TO WAIVE ANY RIGHT TO EQUITABLE RELIEF INCLUDING, WITHOUT LIMITATION, INJUNCTIVE RELIEF AGAINST DARKSPEDE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS TO ENFORCE THE TERMS HEREOF; HOWEVER, THE FOREGOING SHALL NOT PRECLUDE DARKSPEDE FROM SEEKING ANY INJUNCTIVE RELIEF.
We may terminate this Agreement (including your account and right to use the Website) and/or suspend your Account immediately and without notice if you violate any provision of this Agreement; infringe any intellectual property rights; if we are unable to verify or authenticate any information you provide to us; or if you engage in behavior which we, at our sole discretion, determine is inappropriate, offensive and/or infringes upon the use and enjoyment of others. If we terminate this Agreement as above provided, you will lose access to your account and/or the balance of any prepaid amount without refund.