AGREEMENT TO TERMS

These terms and conditions (called the “Terms of Use”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Dave & Buster’s, Inc., its subsidiaries and affiliates (“we,” “us” or “our”), concerning your access to and use of the www.daveandbusters.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto or any guest Wi-Fi network in any of our stores around the world (collectively, the “Site”). Use of our guest Wi-Fi network is also governed by our Wi-Fi network terms and conditions described below. You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.  
 
Supplemental Terms of Use or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms are posted.  
 
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 
 
The Site is not targeted towards, nor intended for use by anyone under the age of 13. YOU MUST BE AT LEAST AGE 13 TO ACCESS AND USE THE SITE. If you are between the ages of 13 and 18, you must have the permission of, and be directly supervised by, your parent or guardian to use the Site. If you are a minor in the jurisdiction where you reside, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.

 

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, 2 functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. We do not claim any ownership or other rights to any websites or the content therein (unless it is related to us) you may visit when using our guest Wi-Fi. 
 
Provided that you are eligible to use the Site, as long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. We reserve all rights not expressly granted to you in and to the Site, Content and the Marks.

 

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms & Conditions; (4) you are not under the age of 13; (5) not a minor in the jurisdiction in which you reside, or if a minor, you have received parental or guardian permission to use the Site; (6) you will not access the Site through automated or nonhuman means, whether through a bot, script or otherwise; (7) you will not use the Site for any illegal or unauthorized purpose; and (8) your use of the Site will not violate any applicable law or regulation. 
 
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

 

USER REGISTRATION

You may be required to register with the Site and provide information such as your email address. You may also be required to join our rewards program, Dave & Buster’s Rewards® (“D&B Rewards”) to gain access and use certain portions of the Site. Any information you provide to join D&B Rewards will also be governed by the Official Rules of D&B Rewards (to view the same, click here). You agree to keep any username, password and other information provided for your registration confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. 

 

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.  
 
As a user of the Site, you agree not to: 
 
1. systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. 
2. make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses. 
3. use a buying agent or purchasing agent to make purchases on the Site. 
4. use the Site to advertise or offer to sell goods and services. 
5. circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein. 
6. engage in unauthorized framing of or linking to the Site. 
7. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords; 
8. make improper use of our support services or submit false reports of abuse or misconduct. 
9. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. 
10. interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site. 
11. attempt to impersonate another user or person or use the username of another user. 
12. sell or otherwise transfer your profile. 
13. use any information obtained from the Site in order to harass, abuse, or harm another person. 
14. use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise. 
15. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site. 
16. attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site. 
17. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you. 
18. delete the copyright or other proprietary rights notice from any Content. 
19. copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. 
20. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site. 
21. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”). 
22. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software. 
23. use the Site in a manner inconsistent with any applicable laws or regulations. 
 
 

USER GENERATED CONTRIBUTIONS 
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that: 
 
1. the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party. 
2. you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use. 
3. you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use. 
4. your Contributions are not false, inaccurate, or misleading. 
5. your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. 
6. your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us). 
7. your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. 
8. your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another. 
9. your Contributions do not violate any applicable law, regulation, or rule. 
10. your Contributions do not violate the privacy or publicity rights of any third party. 
11. your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner. 
12. your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors; 
13. your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap. 
14. your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation. 
 
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

 

CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without 5 limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.  
 
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.  
 
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.  
 
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

 

GUIDELINES FOR REVIEWS

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity/store being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.  
 
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

 

MOBILE APPLICATION

Use License 
If you access the Site via our mobile application (“Mobile App”), then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the Mobile App on wireless electronic devices owned or controlled by you, and to access and use the Mobile App on such devices strictly in accordance with the terms and conditions of this Mobile App license contained 6 in these Terms of Use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application. 
 
Apple and Android Devices 
The following terms apply when you use a mobile application such as our Mobile App obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site: (1) the license granted to you for our Mobile App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the Mobile App as specified in the Terms of Use of this Mobile App license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile App; (3) in the event of any failure of the Mobile App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the Mobile App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the Mobile App; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the Mobile App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the Mobile App; and (6) you acknowledge and agree that the App Distributors are thirdparty beneficiaries of the terms and conditions in this Mobile App license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this Mobile App license contained in these Terms of Use against you as a third-party beneficiary thereof.  
 
How our Mobile App Works 
To use our Mobile App, you are required to join D&B Rewards. We may provide a limited offer for you in joining D&B Rewards through our Mobile App. For full details on D&B Rewards, please read the Official Rules by visiting the following website: www.daveandbusters.com/rewards. We reserve the right to change the requirements for using the Mobile App in our sole discretion. 
 
Users of our Mobile App can purchase chips for game play at our locations, create a Dave & Buster’s Rewards® account, track tickets earned from our games at our locations, and track unused chips for game play and the status of rewards points earned and rewards chips awarded. Chips may be purchased on a physical Power Card that can be loaded into the Mobile App for on-the-go recharging, or they can be purchased on a digital Power 7 Card to be used only in the Mobile App or mobile wallet on your electronic device. With a digital Power Card, you have the ability to use your smartphone, smartwatch or similar devices, if capable, to activate our games by tapping on the reader on the game. 
 
We may offer, for purchase add-ons, enhancements etc. which shall modify the operation of the Mobile App (each individually or collectively referred to as “D&B Add-Ons”). The term of any license for a D&B Add-On starts when you acquire the D&B Add-On, and subject to the terms hereof, ends the earlier of (a) the expiration thereof, as provided upon purchase, which expiration may be a designated date or perpetual; (2) the day that your access to the Mobile App expires or is cancelled, suspended or terminated as set forth in the license for the Mobile App. 
 
If you are a user of the Mobile App, you may opt in to receive notifications from us. With your consent, we may send push notifications or alerts to your mobile device even when you are not logged in. We use push notifications to send you notifications related to the D&B Rewards. At any time, you can manage your push notification preferences or deactivate these notifications at any time by turning off the notification settings in the App or in the Device Settings of your mobile device. If you choose not to receive push notifications, then you may still receive In-App notifications within the App. 
 
Consent to Use of Data 
To facilitate product support, product development and improvement, as well as provide other services to you, you agree that we may use cookies, web beacons and other analytic technologies to collect, use, store and transmit technical and related information regarding your mobile device (including MAC Address and/or unique device id or UDID), Game Center ID, Game Center name, IP address, geo-location, device make and model, operating system, software and applications, including application usage data. In addition, we and/or third parties may collect, store, use and transmit game play data, third party account authorization data, session data, browser identifiers, connection type, carrier information as well as online and Mobile App usage and other purchase metrics, statistics and/or analytics. We may use this information alone and in combination with information you provide to us directly (if any) to help us develop and improve our products and services, tailor and customize your experience and otherwise understand which our apps you are using. The servers and equipment on which your data is stored and processed may be owned and operated by third parties with whom we have contracted to receive, store and process your personal information. In addition, we and those third parties that we have designated, may further transfer, store and process your personal information on servers and equipment located in other countries. You should be aware that the data protection laws of other countries may not be the same as the data protection laws of your country of residence. By submitting your personal information through an Application, you agree to the transfer, storage and processing of your personal information as described in this section.

 

DAVE & BUSTER’S POWER CARD AND POWER TAP TERMS & CONDITIONS

 

A Dave & Buster’s Power Card (the “Power Card”) is a stored value card with a magnetic strip or embedded Radio Frequency Identification (“RFID”) tag that allows you to play games at Dave & Buster’s locations in the United States and Puerto Rico (“Participating Location(s)”).  A Dave & Buster’s Power Tap (the “Power Tap”) is a device, such as a lanyard, wand, wristband or other similar novelty, that uses an embedded RFID tag to activate the games inside a Participating Location in lieu of a Power Card.  These terms and conditions (the “Terms & Conditions”) govern all Power Cards and Power Taps and their use.  The Power Card and Power Tap, including all administration related thereto, are provided by Dave & Buster’s I, L.P. or its affiliates, parents, or subsidiary companies  (collectively “Dave & Buster’s,” “we,” “us,” “our,” “ours”).  By purchasing, recharging, or using the Power Card or Power Tap, you agree to be legally bound by these Terms & Conditions, and your use shall be subject to these Terms & Conditions, as they may be amended from time to time, without further notice to you.   You can obtain the latest version of these Terms & Conditions at the front desk, WIN! or Winner’s Circle (collectively referred to as “Winner’s Circle”), or at www.daveandbusters.com/terms.

 

General

1.      A Power Card or Power Tap can activate selected games inside Dave & Buster’s.  Each game, excluding bowling, billiards, shuffleboard and any other game elected by us to operate by any other system (as will be noted thereupon), located at Participating Locations (“Game(s)”) requires a specified number of chips to play.  The chip price to play a Game is displayed in the display window of the Power Card swipe affixed to that Game.  With each Power Card swipe or Power Tap tap, chips are deducted from the total balance of chips and the remaining balance of that chip type is shown on the display.

2.      You may use your Power Card or Power Tap at a Chipper machine to purchase tokens to activate coin-operated games that do not accept your Power Card or Power Tap.

3.      The chips you purchase (e.g., not including Promotional Chips and Reward Chips) do not expire, are not subject to a maintenance fee and are stored in an account associated with your Power Card or Power Tap.  The tickets you win (e.g., other than tickets issued in connection with a special promotional offer that may have an expiration date (“Promotional Tickets”)) do not expire, are not subject to a maintenance fee and may be stored in an account associated with your Power Card or Power Tap.  The Power Card or Power Tap can be used at any Participating Location.

4.      You may combine chip and ticket balances from any number of Power Cards or Power Taps onto other Power Cards or Power Taps.  The Power Cards or Power Taps used to transfer chips to another Power Card or Power Taps will contain a zero balance after the transfer but will remain active to allow for additional recharges with no additional fee.  Dave & Buster’s reserves the right to impose restrictions on chip and/or ticket transfers at its discretion.

5.      Dave & Buster’s is not responsible for lost, stolen or damaged Power Cards or Power Taps containing chips or tickets, other than the replacement of unredeemed chip and ticket balances for Power Cards or Power Taps registered with Dave & Buster’s Rewards.  If a lost, stolen or damaged Power Tap is registered with Dave & Buster’s Rewards, Dave & Buster’s will provide you with a replacement Power Card with unredeemed chip and ticket balances but will not replace the Power Tap.  If you choose to purchase a new Power Tap, the unredeemed chips and tickets will be transferred (added) to the new Power Tap.  More information on Dave & Buster’s Rewards is set forth below.

6.      Any resale or other transfer of a Power Card or Power Tap for consideration will render the Power Card or Power Tap and associated chip and/or ticket balances void and subject to cancellation.

7.      Power Cards, Power Taps, and associated chip and/or ticket balances are non-refundable and will not, under any circumstances, be redeemed for cash, except where required by law.

8.      All sales and use tax is included in your Power Card or Power Tap purchase.

9.      Dave & Buster’s reserves the right not to accept a Power Card or Power Tap or otherwise limit use of the Power Card or Power Tap if it believes the use is unauthorized, fraudulent or otherwise unlawful or violates these Terms & Conditions.

10.  You will not be sent statements of itemized transactions involving your Power Card or Power Taps.

11.  A list of Games (“Game List”) and the number of chips required to play each Game (which may be denominated in whole or fractional chips) is available at the front desk or Winner’s Circle of Participating Locations.  The prices of Games are subject to change at any time by Dave & Buster’s.

12.  Unless otherwise specified, Power Taps can only be purchased or recharged at the front desk of Participating Dave & Buster’s locations.  Unless otherwise specified, Power Taps cannot be purchased or recharged from a kiosk at Participating Locations.

 

Chips

The chips on a Power Card or Power Taps are used to play Games at Participating Locations.  There are different types of chips:

 

1.      Regular Chips – Regular Chips are chips that you purchase.  You may use Regular Chips to play any Game at any Participating Location.  The other chip categories discussed below are Chips that you may receive for free.

2.      Video Only Chips – Video Only Chips may be used to play non-redemption Games only.

3.      Bonus Chips – Bonus Chips may be added to your Power Card or Power Tap when you pay an activation fee.  You may use Bonus Chips to play any Game at any Participating Location.

4.      Reward Chips – Reward Chips earned through the Rewards program may be used to play any Game at any Participating Location.  You must register your Power Card or Power Tap with the Rewards program in order to be eligible to receive Reward Chips.  Reward Chips expire, and, therefore will be deducted from your chip balance before all other chips.  For more information about D&B Rewards, please visit www.daveandbusters.com/rewards.

5.      Promotional Chips – Promotional Chips are added to the regular chip balance at designated times for promotional purposes.  These chips are only active during the designated promotional period.  These chips will be deducted from your chip balance before all other chips during the promotional period.  All unused Promotional Chips expire and are removed from your Power Card or Power Tap at the end of the promotional period.

 

Notwithstanding the discussion of chips set forth above, the order of use of the chips is determined solely by Dave & Buster’s and you have no ability to control the type of chip used for any particular game.

 

Purchase and Balances

1.      You can purchase a Power Card with a credit card, Dave & Buster’s gift card or cash from authorized Dave & Buster’s employees, including but not limited to Servers, Bartenders, Managers and Front Desk employees (collectively, “Authorized Employee(s)”) or from a kiosk at Participating Locations.

2.      Power Taps can only be purchased or recharged at the front desk of Participating Locations.  Power Taps cannot be purchased online and cannot be recharged from a kiosk at Participating Locations.     

3.      Where allowed by law, a one-time activation fee may be charged (in addition to the desired amount of your Power Card or Power Tap chip purchase and the price of the Power Tap item) to purchase the Power Card or Power Tap.  Activation fees vary by location.  A Power Card or Power Tap with an activation fee required will receive Bonus Chips, with the denomination dependent on the activation fee.  See an Authorized Employee or go to a kiosk for details.  The Power Card or Power Tap can be recharged for no additional activation fee.

4.      Power Cards can be recharged by an Authorized Employee at any Participating Location, any Participating Locations’ kiosk, or on the Dave & Buster’s Charging Station Mobile Application (“D&B Mobile App”) in the denominations posted. Power Taps can be recharged by an Authorized Employee at the front desk of any Participating Location or on the D&B Mobile App in the denominations posted.  To recharge in an amount not available at a kiosk or on the D&B Mobile App, please see an Authorized Employee at a Participating Location.

5.      Your chip balance displayed at each Game only shows your chip balance for the chip type used and may not reflect your entire chip balance on your Power Card or Power Tap.  You may check Power Card or Power Tap chip and ticket balances by going to an Authorized Employee.  You may also check your Power Card chip and ticket balances by going to kiosks throughout Participating Locations, on the D&B Mobile App or at www.daveandbusters.com/powercard.   In addition, you can check your Power Card Game play and ticket redemption history at Participating Locations’ kiosks.

6.      When the display window at the Game reads “Insufficient Funds”, the Game costs more chips than remain on your Power Card or Power Tap; however, you may have enough chips to play another Game that requires fewer chips to play.  Therefore, you should check your Power Card or Power Tap balance and go to the Front Desk for a Game List to determine which Game you can play for the amount of chips that remain on your Power Card or Power Tap.  If you do not have enough chips on your Power Card or Power Tap to play any Game on the Game List provided, you can recharge your Power Card or Power Tap, transfer the remaining balance to another Power Card or Power Tap, or play “One Last Game”.  More information on “One Last Game” is set forth below.

 

One Last Game

The cost to play a Game at Dave & Buster’s may require the use of whole/fractional chips that leave you with a balance less than the required chips to play any Game on the Game List.  However, when you have a chip balance less than the required chips to play any Game on the Game List, you will still be able to use all of your chips by exchanging your balance of chips to play a Game of Skee-Ball (your “One Last Game”).  Once you play “One Last Game”, your Power Card will have a zero balance but may still be recharged with no additional fee.

 

Tickets

1.      The terms tickets and coupons are used interchangeably throughout Participating Locations.  Paper tickets/coupons (“Paper Tickets”), electronic tickets/coupons (“E-Tickets”), plastic chips (“Plastic Chips”) and collectible cards (“Collectible Cards”) are directly dispensed from certain of Dave & Buster’s redemption Games.  Paper Tickets have a denomination printed on them and are worth the stated number of tickets.  E-Tickets are automatically stored on your Power Card or Power Tap.   Plastic Chips have a denomination posted on the dispensing Game.  Collectible Cards have a denomination posted on the dispensing Game and may also have a collective value as part of a complete set of Collectible Cards.   Paper Tickets, E-Tickets, Plastic Chips and Collectible Cards are collectively referred to as “Ticket(s)”. 

2.      If you win Paper Tickets, Plastic Chips or Collectible Cards, you may take them to the Winner’s Circle attendant, where the Paper Tickets, Plastic Chips or Collectible Cards will be counted, scanned or weighed to determine the total number or value of Paper Tickets, Plastic Chips or Collectible Cards. The number of Tickets will be stored on your Power Card or Power Tap.

3.      You may redeem Tickets for merchandise in the Winner’s Circle.  Paper Tickets, Plastic Chips and Collectible Cards can be stored by an Authorized Employee on your Power Card or Power Tap for later use.  E-Tickets may be saved on your Power Card or Power Tap for later use.

4.      When you select a Winner’s Circle item, the required number of Tickets is deducted from your balance of Tickets, whether on your Power Card, Power Tap or from your balance of Paper Tickets, Plastic Chips or Collectible Cards.  You may redeem only one (1) item valued at 25,000 Tickets or more per day.

5.      Based on pricing and availability of merchandise in the Winner’s Circle at Participating Locations, you may not have enough Tickets to redeem for any item.  In addition, you may have Tickets remaining after purchasing an item(s) from the Winner’s Circle that are insufficient to purchase additional items.  Your unredeemed Tickets may be stored on your Power Card or Power Tap for future use, or you may save the Tickets to use at a later time.

6.      Ticket balances on your Power Card or Power Tap may be checked by any Authorized Employee at a Participating Location.  Ticket Balances on your Power Card may also be checked on the Participating Locations’ kiosks, on your D&B Mobile App, or at www.daveandbusters.com/powercard.

7.      Tickets do not have a cash value and may not be refunded or exchanged.

8.      Tickets (other than Promotional Tickets) never expire, have no maintenance fee and can be used at any Participating Location.

9.      Paper Tickets, Plastic Chips or Collectible Cards that are (a) wet, altered or defaced in any way, (b) appear to be counterfeit, or (c) do not contain evidence that they were dispensed by a Game at a Participating Location, will be confiscated and not accepted for redemption.  Dave & Buster’s reserves the right not to accept and confiscate Tickets, Collectible Cards, tokens, coins or other items that: (a) were not won, earned, or obtained by you at a Game at a Participating Location, (b) do not contain evidence that they were dispensed by a Game at a Participating Location or (c) were fraudulently or otherwise unlawfully obtained.

10.  Dave & Buster’s reserves the right to require you to provide proof of Game play by producing the Power Card or Power Tap used to play the Game(s) that issued the Tickets.

 

Rewards

You may register your Power Card or Power Tap through Dave & Buster’s Rewards at a Participating Location or at www.daveandbusters.com/rewards.  For further details on Dave & Buster’s Rewards, please ask a Dave & Buster’s Employee, call Rewards Services at 800-842-5369, or go to www.daveandbusters.com/rewards.  Rewards Official Rules can be located at   www.daveandbusters.com/join-rewards/rules-and-policies.

 

Game Malfunctions

1.      Tickets will only be awarded where no Game malfunction has occurred.

2.      If a Game malfunctions during Game play, you will be allowed one free Game play at the same Game, or if that Game cannot be quickly put back into service, on a comparable Game.  If a Game malfunctions during Game play, no Tickets, coins, or other prizes will be distributed for such Game play.

3.      If Dave & Buster’s confirms that excessive Tickets have been dispensed due to a Game malfunction, Dave & Buster’s reserves the right to deduct that corresponding amount from your Power Card or Power Tap balance.  

4.      Dave & Buster’s reserves the right to make any other adjustments to your Power Card or Power Tap due to Game malfunction or fraud, in its sole and absolute discretion.

 

Cancellation

Dave & Buster’s may suspend or terminate your Power Card or Power Tap and revoke or limit any or all of the rights and privileges granted to you at any time without notice, liability, reimbursement or compensation. Termination may result from your fraudulent or unauthorized use of the Power Card or Power Tap or violation of these Terms & Conditions.  If we terminate your card with cause, all chips and Tickets will be voided and may not be used.  You will receive no compensation from us for voided chips or Tickets.  If we terminate your Power Card or Power Tap without cause, we will refund or issue store credits equal to the balance of chips purchased or Tickets held in your Power Card or Power Tap account less any amounts that you may owe Dave & Buster’s.

 

Billing Errors and Corrections

We reserve the right to correct the balance of your Power Card or Power Tap if we believe that an error has occurred.  If you have questions regarding your transaction history, or if you dispute any transaction or correction that has been assessed against your Power Card or Power Tap, please call Guest Services at (888) 300-1515 Monday – Friday from 8:00 am to 5:00 pm Central Time or 800-842-5369 after hours to leave a message to be returned the next business day.  We will conduct an investigation and communicate the results and correct any error that we verify as soon as we finish the investigation. If no error was found, we will communicate an explanation. We shall have no liability for any billing error unless you provide us notice within 60 days of the date of the transaction in question. You should monitor your transactions and account balances closely.

 

Choice of Law

These Terms & Conditions and your use of a Power Card or Power Tap shall be governed by and construed in accordance with the laws of the State of Texas notwithstanding any conflict of law rules.

 

Arbitration Rights/Waiver of Rights

Any dispute or claim made by you against us (or against any of our subsidiary, parent or affiliate companies) arising out of or relating to these Terms & Conditions or your use of your Power Card or Power Tap (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under the AAA Commercial Rules and Consumer Related Supplementary Procedures (except that Rule C-4 related to the appointment of an arbitrator will not apply and the arbitrator will be chosen under Rule R-11) before one (1) neutral arbitrator licensed to practice law for at least fifteen (15) years at the AAA offices nearest the location where you purchased your Power Card, except that (a) you may take claims to small claims court if they qualify for hearing by such a court, or (b) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us.  However, all claims (including those claims that are subject to arbitration and those claims that can be prosecuted in a court of law and regardless of whether the claim is brought in an arbitration or in a court of law) must be brought on an individual basis and not as a plaintiff or class member in any purported class or representative proceeding, and you hereby waive any claims for punitive damages and any right to pursue claims on a class or representative basis.

 

Privacy Policy

Our privacy policy can be viewed at www.daveandbusters.com/privacy.

 

GAME PLAY CREDITS THAT WERE NOT RECORDED

If your Qualifying Purchases were not recorded on your Registered Power Card, we will credit your account with Game Chips for Qualifying Purchases on a timely basis. However, it is your responsibility to make sure that your purchases are properly credited. Please retain copies of your receipts and/or account statements for your records. Any claim for Qualifying Purchases not credited accurately must be received by us within forty-five (45) days of the date of the Qualifying Purchase's receipt.

 

For points not recorded: You may submit your claim to Dave & Buster's Guest Service at https://www.daveandbusters.com/contact. You will be required to submit your receipt to verify your claim. Limit of three (3) requests per Member per calendar year will be considered for Game Play Credits that were not recorded at the time of Qualifying Purchases.

 

We have no liability for (a) any printing, production, typographical, mechanical, or other errors regarding the earning, redemption or accumulation of Game Play Credits, or any other benefits or other aspects of the Program; (b) any delay or failure to credit your account; or (c) any failure to provide Program communication. We reserve the right to remove purchases credited to your account if we determine that such purchases were improperly credited to your account or obtained fraudulently. We reserve the right to require proof of Qualifying Purchases recorded on your account, and we reserve the right to delay the processing of any Game Play Credit, without notice to you, in order to assure compliance with these Terms & Conditions. You are responsible for restricting access to and maintaining the confidentiality of your account and password, and you agree to accept responsibility for the activities of anyone using your Registered Power Card or Registered Power Card number.

 

New Store Opening / Re-Opening Promotions

Free Unlimited Gameplay Incentive Term for New Store Openings:

PROMOTIONAL: Limited Time only.  Promotion valid on Grand Opening Day of New Store Opening only. Offer not valid with VR, crane games or merchandising games.  Use on redemption games will not result in any tickets or points. Passes are per person and are not to be shared or transferred. Offer valid one per person. Offer available in-store only. Not valid within the D&B Rewards Program. Other restrictions may apply. See stores for details. Not for resale. Void where prohibited. Check New Store Opening for Details.

 

Free Year of Gameplay Incentive Terms for Store of the Future Grand Relaunches:

Promotional. Valid during coupon booklet’s timeframe. Barcode coupon is required for redemption at the front desk. Only one offer per guest, per day, may be redeemed. Offer valid for one use only. Must be at least 18 years of age to redeem. Other restrictions may apply. Value topped at $1,000.  See selected store for details. Offer cannot be redeemed through the Mobile App. Not valid with any other offers, including Half Price Games Wednesdays or any Half Price Game promotion. Not valid with Special Events Packages or Virtual Reality games. Restrictions apply. Non‑negotiable.

 

SOCIAL MEDIA

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable Terms of Use that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the Terms of Use that govern your use of the applicable ThirdParty Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your ThirdParty Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes 8 unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your ThirdParty Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRDPARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account. 

 

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions. 

 

THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the ThirdParty Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third- 9 Party Content or any contact with Third-Party Websites. 

 

ADVERTISERS

We may allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. 

 

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site. 

 

GUEST WI-FI USAGE AGREEMENT

By clicking on "submit" on the guest Wi-Fi system (“Wi-Fi System”) sign-up page, you represent that:  
 
1. You have read, understand and agree to the terms of this guest Wi-Fi usage agreement (“Wi-Fi Agreement”), and 
2. You are at least 18 years of age. 
 
If you do not agree to the terms of this Wi-Fi Agreement, you may not use our Wi-Fi System. Your electronic acceptance of the Wi-Fi Agreement by clicking on "Submit" on the sign-up page has the same effect as if you had actually signed the Wi-Fi Agreement. The effective date of this Wi-Fi Agreement is the date that you click on "Submit". 
 
Description of Wi-Fi System/Service Availability 
We provide access to the Wi-Fi System at locations ("Enabled Locations") that have been equipped with wireless access points. Access points or Enabled Locations may not be available in all areas of our locations and may not always be operational for any reason. We may require you re-access or re-login to our Wi-Fi System after a period of inactive use even if you are still in our location, if you leave our location for any period of time or for any other reason we may require. 
 
Fee for Wi-Fi System 
The Wi-Fi System is provided "free of charge" as a value-added service to our guests and business partners. Usage may be subject to participation in a short online survey. We reserve the right to charge for access to the Wi-Fi System at any time in the future. 
 
Access to Internet 
We may screen and/or restrict access to content, goods or services which we may consider improper, inaccurate, misleading, defamatory, obscene or otherwise offensive content placed on and/or accessible through the Internet. If we do screen or restrict access, we do not, however, 10 make any guarantees in the quality or accuracy of screening or restricting of content. By accessing these services, you acknowledge that if you access the Internet you may receive or be exposed to content, goods or services which you consider to be improper, inaccurate, misleading, defamatory, obscene or otherwise offensive. You agree that we are not liable for any action or inaction with respect to any such content on the Internet accessible through the Wi-Fi System. 
 
Information We Collect 
We collect personal information at every touch point or guest interaction including your use of the Wi-Fi System. When you use our Wi-Fi System, the personal data you provide for access and authentication may be collected as well as information about your usage of the Wi-Fi System. We and our third-party vendors such as authentication gateway partners and WiFi service providers may use this information to facilitate your use of the Wi-Fi System; to remember your access information; for technical support purposes; for service improvement; and for service and customer analytics. For more information on information we collect and how we use it, we refer you to our privacy policy at www.daveandbusters.com/privacy-policy (click on the web address for viewing). 
 
Your Responsibilities 
You must (1) provide all equipment (including, but not limited to, computer hardware and software, smartphones, personal digital assistants, wireless network cards) to connect to the Wi-Fi System, (2) comply with local, state, federal and international laws and regulations, including, but not limited to, copyright and intellectual property rights laws. You agree to be responsible for and to bear all risk and consequences for (1) the accuracy, completeness, reliability and/or usefulness of any content available through the Wi-Fi System and (2) all communications that you send or receive via the Wi-Fi System. We do not undertake the security of any data you send through the Wi-Fi System and it is your responsibility to secure such data. 
 
Acceptable Use Policy 
All users of the Wi-Fi System must comply with this Acceptable Use Policy (“AUP”). This AUP is intended to prevent unacceptable uses of the internet. We do not actively monitor the use of the Wi-Fi System under normal circumstances. Similarly, we do not exercise editorial control or review the content of any Web site, electronic mail transmission, newsgroup or other material created or accessible over or through the Wi-Fi System. However, we may remove, block, filter or restrict by any other means any materials that, in our sole discretion, may be illegal, may subject us to liability or may violate this AUP. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Violation of this AUP may result in the suspension or termination of your access to the Wi-Fi System. 
 
The following constitute examples of violations of this AUP. 
You agree to use the Wi-Fi System to: 
 
(1) Transmit any material (by uploading, posting, email or otherwise) that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable; 
(2) Harm, or attempt to harm, minors in any way; 
(3) Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers to disguise the origin of any material transmitted through the Wi-Fi System; 
(4) Transmit any material (by uploading, posting, email or otherwise) that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed 11 as part of employment relationships or under non-disclosure agreements); 
(5) Transmit any material (by uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 
(6) Transmit (by uploading, posting, email or otherwise) any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation; 
(7) Transmit any material (by uploading, posting, email or otherwise) that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 
(8) Interfere with or disrupt the Wi-Fi System or servers or networks connected to the WiFi System, or disobey any requirements, procedures, policies or regulations of networks connected to the Wi-Fi System; 
(9) Intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law; 
(10) "Stalk" or otherwise harass another; or collect or store, or attempt to collect or store, personal data about third parties without their knowledge or consent; 
(11) Resell the Wi-Fi System without our written authorization; and 
(12) Use the Wi-Fi System for high volume data transfers, especially sustained high volume data transfers, hosting a web server, IRC server, or any other server. 
 
You understand and agree that we may disclose your communications and activities using the Wi-Fi System in response to lawful requests by governmental authorities, including Patriot Act requests, and judicial orders. 
 
What to do if you witness, or have knowledge of, a violation of the AUP. 
We request that anyone who believes that there is a violation of this AUP direct the information to guest.relationsi@daveandbusters.com and include "Wi-Fi" in the subject line. If available, please provide the following information: 
(1) the date and time of the alleged violation, including the time zone; 
(2) evidence of the alleged violation; and 
(3) your contact details including full name, email address and telephone number. 
 
When reporting an issue regarding unsolicited email please provide a copy of the email messages with full headers which typically provides all the above data. Other situations will require different methods of providing the necessary information. 
 
Termination 
You agree that we may terminate this Wi-Fi Agreement and cancel your access to the Wi-Fi System at any time, without notice and for any reason including, but not limited to, violation of any of the terms and conditions of this W-Fi Agreement, security or safety reasons, and/or using the Wi-Fi System to perform any illegal activity. You further agree that in the event of termination for any reason, we will have no liability to you. 
 
Notice of Problems or Complaints 
If you experience a problem accessing or using the Wi-Fi System, report the problem by calling (888) 300-1515 or by emailing guest.relationsi@daveandbusters.com and include "WIFI" in the subject line. 
 
Modifications 
Dave & Buster's may, at its sole discretion, modify the terms and conditions of this Wi-Fi 12 Agreement, including the AUP, at any time. Such modifications shall be binding and effective upon posting updates to our Terms of Use which contain this Wi-Fi Agreement. You agree to periodically review our Terms of Use to maintain awareness of any modifications. By continuing to use the Wi-Fi System after such postings, you accept and agree to all such modifications. 
 
Indemnification 
You shall defend, indemnify and hold us and our respective officers, directors, stockholders, employees, contractors, agents, successors and assigns harmless from and against, and shall promptly reimburse them for, any and all losses, claims, damages, settlements, costs, and liabilities of any nature whatsoever (including reasonable attorneys' fees) to which any of them may become subject arising out of, based upon, as a result of, or in any way connected with, your use of the Wi-Fi System or any breach of this Wi-Fi Agreement. 
 
No Warranty 
THE WI-FI SYSTEM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO EXPRESS WARRANTIES AND CUSTOMER WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH US OR THE INTERNET GENERALLY. YOU EXPRESSLY ACKNOWLEDGES THAT THERE ARE, AND ASSUMES ALL RESPONSIBILITY RELATED TO, THE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN WIRELESS COMMUNICATIONS AND TECHNOLOGY AND WE DO NOT MAKE ANY ASSURANCES OR WARRANTIES RELATING TO SUCH RISKS. NO ADVICE OR INFORMATION GIVEN BY US OR OUR REPRESENTATIVES SHALL CREATE A WARRANTY. 
 
Limitation of Liability 
WE AND OUR EMPLOYEES, AGENTS, VENDORS, AND LICENSORS ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING, EITHER DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE WI-FI SYSTEM OR THE INTERNET, SPECIFICALLY INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.

 

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy by clicking on the following link: www.daveandbusters.com/privacy-policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site or Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical. 

 

COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney. 

 

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.  
 
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.  
 
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

 

GOVERNING LAW

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and to be entirely performed within the State of Texas, without regard to its conflict of law principles. 

 

DISPUTE RESOLUTION

Binding Arbitration 
To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms of Use (each a "Dispute" and collectively, “Disputes”), any Dispute brought by either you or us (individually, a “Party” and collectively, the “Parties”) shall first be brought to the attention of our Guest Relations department at guest.relationsi@daveandbusters.com. In your email you must describe your claim and allow our Guest Relations team a reasonable opportunity to resolve your Dispute. You and we agree to negotiate your Dispute in good faith. You may request arbitration if your Dispute cannot be resolved within 60 days of our receipt of your email submission. Any Dispute not so resolved may be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. You and we agree that these Terms of Use evidence a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and not governed by any state law. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Dallas County, Texas. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. 
 
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Dallas County, Texas, and the Parties hereby consent to, and waive all defenses of lack of, personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.  
 
In no event shall any Dispute brought by either Party related in any way to the Site or Services be commenced more than two (2) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court. 
 
Notwithstanding the above, you may choose to pursue your claim in court and not in arbitration fi you opt out of this arbitration provision within 30 days from the earliest date you downloaded, installed, accessed or used the Site (the “Opt-Out Deadline”) after these Terms of Use have gone into effect. You may opt out of these arbitration procedures by sending us written notice that you opt out to the following address: Dave & Buster’s, 2481 Manana Drive, Dallas, Texas 75220, Attn: General Counsel, Re: Arbitration Opt Out – Digital Terms of Use. Any opt-out received after 15 the Opt-Out Deadline (allowing three (3) additional days for mailing) will not be valid and you must pursue your claim in arbitration. 
 
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons without having complied with the opt out procedure set forth above. Notwithstanding the foregoing, (i) if a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, this arbitration agreement will be void as to you, (ii) if you opt out of the arbitration provision as specified above, this class action waiver will not apply to you. 
 
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice. 

 

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE 16 SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 

 

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY IS TO CEASE USE OF THE SITE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. 

 

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. 

 

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. 

 

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, 17 AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of nonelectronic records, or to payments or the granting of credits by any means other than electronic means. 

 

CALIFORNIA USERS AND RESIDENTS

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: 
 
The provider of the Site is: Dave & Buster’s, Inc., 1221 S Belt Line Rd Ste. 500, Coppell, Texas 75019, (214) 357-9588. 
 
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

 

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use. 

 

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: 
 
Dave & Buster’s 
1221 S Belt Line Rd Ste. 500

Coppell, TX 75019 
 
Email: guest.relations@daveandbusters.com 
Toll-free phone: (888) 300-1515