Terms of Use

    1. Acceptance of Terms

    Tip Top Amusement (referred to as “Tip Top Amusement,” “we,” “us” or “our”) welcomes you the user (referred to as “you” or “your”) to our online service (the “Service“). The following Terms of Use (“TOU“) govern the terms and conditions of your use of the Service and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Tip Top Amusement with respect to the Service and this website. The TOU may be updated from time to time without notice to you. You can always find the latest TOU at http://tiptopcoinop.com/legal and should check regularly for updates and changes.

    In addition, when using the Service, you shall be subject to any posted policies, guidelines or rules applicable thereto. All such policies, guidelines and rules are hereby incorporated by reference into the TOU. You further agree that, except as otherwise expressly provided in these TOU, there shall be no third-party beneficiaries to this agreement.

    BY REGISTERING OR ACCESSING, USING OR INSTALLING ANY PART OF THE SERVICE, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THESE TOU. IF YOU DO NOT AGREE TO BE BOUND BY THESE TOU, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE.

    1. Rules of Behavior

    Tip Top Amusement’s website may contain forums, bulletin board services, chat areas, message boards, news feeds, news groups, communities, personal webpages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services“). You agree to use the Communication Services only to post, send and receive messages and content that are considered legal, proper and related to the particular Communication Service. Among other actions, when using a Communication Service, you agree that:

    • You are solely responsible for your own communications and Content including any data, images, graphics, text, audio, video, email, links and/or screen names you post to the website.
    • You must not abuse, defame, harass, stalk, threaten, intimidate or otherwise violate the legal rights of others.
    • You must not violate the privacy or publicity rights of others.
    • You must not upload, post or link to any material that is inappropriate, defamatory, infringing, obscene, vulgar, libelous, racially or ethnically hateful, offensive, abusive, malicious, objectionable or unlawful (or promote or provide instructional information about illegal activities or communications that could reasonably cause damage, loss, harm or injury to any individual or group).
    • You must not post, upload or link to (a) anything that promotes or distributes junk mail, spam, pyramid schemes or chain letters or (b) other disruptive, illegal or immoral communications of any kind.
    • You must not post, upload or link to anything that advertises any commercial endeavor (e.g., offering for sale any products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners and/or soliciting goods or services), or solicits funds, advertisers or sponsors for any purpose.
    • You must not state or imply that any of your submitted and or posted Content is endorsed by Tip Top Amusement or any affiliate thereof.
    • You must not use, copy or imitate the Tip Top Amusement name, trademarks, titles, brands, logos or related trade names, including all website page headers, custom graphics, button icons and scripts, which you acknowledge here to be valid, subsisting and enforceable without impediment, and you will not expressly or by implication create the false or misleading impression that Tip Top Amusement is associated with, or endorses, or is in any way connected with you, your business or your Content.
    • You must not upload, copy or post anything that infringes any patent, trademark, copyright, trade secret or other intellectual property or other legal right of a third party without prior written permission from such third party in each instance, which written permission you agree to disclose to us at any time on our request (subject to all applicable laws). You must not intentionally download any material that you know or should reasonably know cannot be distributed legally.
    • You must not create user accounts under any false or fraudulent pretenses (including by automated means) or impersonate another person, group of people or entity at any time (which includes not using anyone else’s username or password), or otherwise manipulate or forge headers or identifiers to disguise the origin of content.
    • You must not transmit any viruses, worms, defects, Trojan Horses or any items and/or computer code, files or programs of a destructive nature and/or otherwise designed to interrupt or limit the functionality of any computer software or hardware or telecommunications device.
    • You must not transmit or allow access or distribution of any spiders, robots or other information gathering computer programs or routines or their equivalents on or in the Service.
    • You must not modify, edit or delete any Content and communications of the Tip Top Amusement website and/or of other individuals other than your own Content.
    • You must not do anything that disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type or otherwise act in a way which affects the ability of other people to engage in real-time activities through this website.
    • You must not interfere with, disrupt or attempt to gain access to other accounts or the Service or servers or networks connected with the Service or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
    • You must not post, upload or link to anything that could potentially exploit or harm children by exposing them to inappropriate Content, asking for personally identifiable details or information or otherwise exposing them to materials or information which in any way could cause damage, injury or harm of any kind.
    • You must not post, upload or link to anything that harvests or otherwise collects information about other users, including without limitation addresses, phone numbers, e-mail addresses and/or health or financial information of any kind, without the users’ prior express consent in each instance.
    • You must not retrieve, store or collect personal information about any user for any unauthorized purpose, and must not retrieve, store or collect personal information about any user for any valid purpose without such user’s prior written consent in each instance (and acknowledgment that they are at least 13 years of age).
    • You must not use the Tip Top Amusement Service for any illegal, immoral or unauthorized purpose.
    • You must abide by all applicable federal, state and local laws. If you are outside the United States, you must comply with all local laws as well with respect to your online conduct and acceptable Content including without limitation the exportation of data to the United States or to your country or residence.
    • You must not engage in any other activity deemed by Tip Top Amusement to be in conflict with the spirit or intent of these TOU.

    WHILE TIP TOP AMUSEMENT EXPLICITLY PROHIBITS THE ABOVE CONDUCT YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT AND THAT YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK, AND THAT TIP TOP AMUSEMENT SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT AS CARRIED OUT BY ANY THIRD PARTY AT ANY TIME UNLESS EXPRESSLY SET FORTH TO THE CONTRARY BY TIP TOP AMUSEMENT IN WRITING.

    YOU UNDERSTAND AND AGREE THAT IF YOU VIOLATE ANY OF THE RULES OF BEHAVIOR AND/OR ANY OF THE GUIDELINES, TIP TOP AMUSEMENT CAN DISABLE, SUSPEND OR TERMINATE YOUR USE OF THE SERVICE IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF OR A HEARING. YOU ARE RESPONSIBLE FOR ALL CHARGES INCURRED UP TO THE TIME THE SERVICE IS TERMINATED.

    1. Links

    The Service may provide, or third parties including Tip Top Amusement users may provide, links to other websites or resources which are not maintained by or related to Tip Top Amusement. Links to such websites are provided as a service to our users and are not sponsored by, endorsed or otherwise affiliated with Tip Top Amusement. Tip Top Amusement has no control over these websites and their content, and makes no representations or warranties about the content, completeness, quality or accuracy of the links, materials or information contained on any such website. Therefore, you acknowledge and agree that Tip Top Amusement is not responsible for the availability of such links, resources and content, and does not endorse, and is not responsible or liable for, any content, advertising, products or other materials made available on or from these linked websites. You also acknowledge and agree that Tip Top Amusement is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by, or in relation to, the use of any Content, goods or services offered through these links or any failures and/or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third party claims relating to your posting or using such links. YOU AGREE THAT IF TIP TOP AMUSEMENT REQUESTS YOU TO DISABLE ANY LINK YOU HAVE POSTED AND YOU FAIL TO DO SO WITHIN 24 HOURS AFTER RECEIVING SUCH REQUEST, TIP TOP AMUSEMENT HAS THE RIGHT TO DISABLE THE LINK WITHOUT ANY FURTHER NOTICE TO YOU.

    1. Indemnity

    You agree to indemnify, defend and hold Tip Top Amusement, our subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any and all loss, cost, injury, liability, claims, damages or demand of any kind, including actual attorney’s fees and related costs, made by or arising out of your use of the Service in violation of these TOU and/or your violation of any rights of another or any applicable law, rule or regulation.

    1. No Resale of Service

    You agree not to, without the express prior written consent of Tip Top Amusement in each instance: reproduce, duplicate, copy, sell, resell or exploit, for any commercial or other purposes, any portion of the Service or content or other information or materials of any kind that you do not own.

    1. Opt in Process

    Tip Top Amusement Inc. collects opt-in verbally from their customers. Customers can opt-in to receive messages either in person at their physical location or over the phone if they call the business. When interacting with customers, staff is trained to ask if the customer would like to opt in to messaging using the following script: By providing their phone number and agreeing to receive texts, customers consent to receive text messages from Tip Top Amusement Inc. regarding Customer Care and Customer Support for customers that purchase game cards in our arcades that may be having technical issues. Consent is not a condition of purchase. Message frequency varies based on communication needs. Message and data rates may apply. Customers can reply STOP to unsubscribe at any time or HELP for assistance. No mobile opt-in information will be shared with third parties. Our privacy policy and terms and conditions are available at http://www.tiptopcoinop.com/legal

    1. Tip Top Amusement Privacy Policy  (http://www.tiptopcoinop.com/privacy)

    By providing your phone number and agreeing to receive texts, you consent to receive text messages from Tip Top Amusement Inc. Regarding account notification. Consent is not a condition of purchase. Message frequency varies based on communication needs. Message and data rates may apply. You can reply stop to unsubscribe at any time or help for assistance. No mobile opt-in information will be shared with third parties. For customer support inquiries, please contact Tip Top amusement at (775)882-4943 or email greg@tiptopcoinop.com. Tip Top Amusement implements security measures to protect your personal information from unauthorized access, use, or disclosure. Our privacy policy and terms and conditions are available at http://www.tiptopcoinop.com/legal.

    1. Practices regarding Use and Storage

    You acknowledge that Tip Top Amusement may establish general practices and limits regarding use of the Service including, without limitation, the maximum number of direct messages which may be sent or received from an account of the Service, the maximum size of any direct message that may be sent from or received by an account of the Service, the maximum amount of disk space that will be allotted on Tip Top Amusement’s servers on your behalf, and the maximum number of times and duration for which you may access the Service in a given time. You agree that Tip Top Amusement has no responsibility or liability for the deletion or failure to store or transmit any messages or communications or other content maintained or transmitted by the Service.

    1. Tip Top Amusement Proprietary Rights; Trademarks and Copyrights

    You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software“) contain proprietary and confidential information that is the property of Tip Top Amusement and our licensors, and is protected by applicable intellectual property and other laws. You are granted a personal, non-exclusive and nontransferable license to use the Software in connection with the Service for your own personal use subject to these TOU. No rights or title to any of the Software used in connection with any Service is provided, transferred or assigned to you. You shall not reverse engineer, decompile, disassemble or distribute the Software or any portion thereof, nor otherwise attempt to create or derive the source code. You further acknowledge and agree that content contained in advertisements or information presented to you through the Service or advertisers is protected by copyright, trademarks, service marks, patent, privacy and/or other proprietary rights and laws. Except as expressly authorized by Tip Top Amusement or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Software, in whole or in part, at any time. You also acknowledge Tip Top Amusement’s exclusive rights in the Tip Top Amusement trademark and service mark. Trademarks, service marks, logos and copyrighted works appearing on Tip Top Amusement are the property of Tip Top Amusement or the party that provided such intellectual property to Tip Top Amusement. Tip Top Amusement and any party that provides intellectual property to Tip Top Amusement retain all rights with respect to any of their respective intellectual property appearing on Tip Top Amusement and no rights in such materials are transferred or assigned to you, in whole or in part, at any time.

    1. Disclaimer of Warranties

    THE USE OF THE SERVICE IS AT YOUR SOLE RISK. TIP TOP AMUSEMENT DOES NOT CONTROL OR MONITOR ALL OF THE CONTENT POSTED VIA THE SERVICE AND, AS SUCH, DOES NOT GUARANTEE THE ACCURACY, INTEGRITY, LEGALITY OR QUALITY OF SUCH CONTENT. TIP TOP AMUSEMENT ASSUMES NO RESPONSIBILITY FOR CONTENT POSTED BY YOU OR OTHER USERS OF THE SERVICE AND YOU MAY NOT RELY ON ANY CONTENT CREATED BY OTHER TIP TOP AMUSEMENT USERS OR OTHERWISE CREATED, DISTRIBUTED AND DISPLAYED ON ANY PART OF THE SERVICE.

    THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TIP TOP AMUSEMENT ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, NON-DELIVERY OR FAILURE TO STORE ANY COMMUNICATION, WRITING, IMAGE OR PERSONALIZATION SETTINGS, AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

    TIP TOP AMUSEMENT MAKES NO WARRANTY THAT (1) THE SERVICE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT OR SOFTWARE, (2) THE SERVICE WILL MEET YOUR REQUIREMENTS, (3) THE SERVICE AND SOFTWARE WILL BE AVAILABLE AT ALL TIMES, UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE AND/OR ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (4) THE RESULTS OF USING THE SERVICE WILL BE ACCURATE, COMPLETE, LEGAL OR RELIABLE OR (5) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS.

    ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

    No advice or information, whether oral or written, obtained by you from Tip Top Amusement or through or from the Service shall create a warranty not expressly stated in these TOU.

    1. Limitation of Liability

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT TIP TOP AMUSEMENT WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF TIP TOP AMUSEMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY INCLUDING ADVERTISERS ON THE SERVICE, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE, AND/OR ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL TIP TOP AMUSEMENT BE LIABLE TO YOU FOR ANY AMOUNT OF MONEY OVER ONE HUNDRED U.S. DOLLARS ($100.00), WHICH YOU ACKNOWLEDGE TO BE A FAIR AND REASONABLE SUM IN THE EVENT OF ANY LOSS BY YOU OF ANY KIND.

    1. Disclosures Required by Law

    Tip Top Amusement reserves the right at all times to preserve and store your account information and Content and disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process or governmental request, to enforce any of our contracts or agreements and/or to protect the rights, property or safety of our users and customers, or for purposes of fraud protection and/or any other legitimate legal or business purpose now or hereafter existing. Tip Top Amusement reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Tip Top Amusement to disclose the identity of anyone posting any content, or publishing or otherwise making available any materials that are believed to violate the TOU. Tip Top Amusement will use reasonable efforts to notify you in connection with any such inquiry; provided, however, that the inquiry in question is not confidential, and further provided that Tip Top Amusement shall have no duty to disclose such information and therefore shall not be liable to you in connection with any non-disclosure.

    BY ACCEPTING THESE TOU YOU WAIVE ALL RIGHTS AND AGREE TO HOLD TIP TOP AMUSEMENT HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY TIP TOP AMUSEMENT DURING OR AS A RESULT OF OUR INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER TIP TOP AMUSEMENT OR ANY LAW ENFORCEMENT OR REGULATORY AUTHORITIES.

    1. Miscellaneous Terms; General Information

    The failure of Tip Top Amusement to exercise or enforce any right or provision of these TOU shall not operate as a waiver of such right or provision. Any waiver of the TOU by Tip Top Amusement must be in writing and signed by an authorized representative of Tip Top Amusement to be effective.

    If any provision of these TOU is found by a court of competent jurisdiction to be invalid, the parties’ intentions as reflected in the provision, and the other provisions of these TOU, shall remain in full force and effect.

    The section titles in these TOU are for convenience only and have no legal or contractual effect.

    Nothing contained in these TOU shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each is and shall remain independent contractors (to the extent applicable), and therefore, responsible for its own actions.

    Notices may be posted to the Tip Top Amusement website

    Please immediately report any violations of these TOU to Tip Top Amusement at greg@tiptopcoinop.com.