Smokehouse

Pitmaster Terms of Use

Last Updated: October 25, 2023
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City Barbeque, LLC (“City BBQ”/“we”/”us”) owns and operates the Pitmaster video game (“Game”) available for play on our website at: City Barbeque (citybbq.com). These Terms of Use (“Terms”) together with our Privacy Policy set forth at Privacy Policy | City Barbeque and Catering (citybbq.com), govern your use of the Game and its contents. Please read these Terms carefully. By accessing and playing the Game on our website (“Site”), you confirm your agreement to these Terms and represent that you are at least eighteen (18) years old (“You” / “Your”). We may modify these Terms from time to time in our sole discretion as set forth below. Continued use of the Game after any such change constitutes Your consent to the changes. If You do not agree to these Terms, do not access or play the Game. These Terms constitute a legal agreement solely between City BBQ and You.

1. LIMITED LICENSE. The Site, the Game, and all information, data, text, software, music, sound, photographs, graphics, video, or other material available therein (collectively, the “Game”) belong to City BBQ or its licensors and constitute our valuable intellectual property. Subject to Your compliance with these Terms, we grant You a limited, non-exclusive right to access and play the Game and access the Game solely for Your own personal, non-commercial, entertainment purposes. The Game is licensed, not sold. You represent and warrant, that Your use of the Game will be consistent with these Terms and will not infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. If You violate any of these Terms, we reserve the right to terminate Your license to play the Game without notice.

2. ACCOUNTS. If You have a City Rewards account with us, You are responsible for maintaining the confidentiality of Your account information (including usernames, screen names, and passwords and billing information). You must notify us immediately of any unauthorized use or theft of Your account or any other breach of security with respect to the Site. We will not be liable for any loss that You may incur as a result of someone else using Your account, either with or without Your knowledge. You are responsible for the activities occurring under Your account and You will be liable for any losses or damages incurred by us or any third party due to someone else using Your account. You may not use anyone else’s account at any time. Your account is personal to You and You may not transfer or make available Your account to others. Any distribution by You of Your account or related information may result in immediate suspension and/or cancellation of Your account.

3. PROHIBITED CONDUCT. In accessing and playing the Game, You agree that You will not: (a) Subject to the license grant rights in Section 1 above, copy or distribute any part of the Game (including any content) to any third party and will not alter or modify any part of the Game or Site; (b) upload, post, email, transmit or otherwise make available in the Game: (i) any material that You do not have the right to distribute or which is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, encourages criminal behavior, violates any law (including third party IP rights), or is otherwise objectionable, or post a link to the Site or to the Games from any third-party website(s) containing such content; (ii) any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way; (iii) any unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (iv) any material 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 or data or the Game or that of any users or viewers of the Game or that compromises a user’s privacy; (c) interfere with or disrupt the Game or networks connected to the Game or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (d) collect or store personal data about other users or viewers or resell the content of the Game; (e) violate any other terms governing the access or use of the Game (e.g., terms of use/service posted on the Site) which shall be supplemental to these Terms in your use of the Site; (f) exploit, distribute or publicly distribute information about any Game error, miscue or bug; or (g) use, promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Game.

4. CHANGES AND AVAILABILITY OF THE SERVICES. We may alter, suspend, or discontinue the Game at any time and for any reason or no reason, without notice. The Game may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. You agree that we will not be liable to You or to any third party for any modification, suspension, or discontinuance of the Game, including any content therein, or any parts of the foregoing with or without notice.

5. VIRTUAL PROPERTIES. The Game may include virtual, in-game currency, including game cash, game points or City Rewards points (“Virtual Currency”) and/or virtual, in-game digital items (“Virtual Goods”), (Virtual Currency and Virtual Goods together being “Virtual Properties”). Virtual Properties are managed and controlled by us and may be eliminated or modified from time to time at our sole discretion. Virtual Properties may be redeemed for discounts on items in our restaurants. Any redemption of Virtual Properties is final and no refunds will be given. You cannot transfer Virtual Properties unless clearly permitted in a specific Game. Prices and availability of Virtual Properties are subject to change without notice. We shall have no liability to You or anyone for your exercise or use of Virtual Properties and we are under no obligation to continue hosting the Games so that you may earn Virtual Properties. When you redeem Virtual Properties for items of monetary value, You are responsible for all charges incurred, including applicable taxes, and all purchases made by You or anyone that uses Your account.

6. THIRD PARTIES. You acknowledge and agree that the Site and/or the Game may contain advertisements and other promotional content of third parties including links to third party websites. If You elect to have any dealings with anyone whose products or services are advertised on the Site and/or in the Game, You acknowledge and agree that such dealings are solely between You and such third party and that we will have no responsibility or liability for any losses or damages that You may incur as a result of any such dealings. We do not imply any endorsement or recommendation of any third-party products, services or businesses. Third-party promotions, links, offers and websites are subject to their own terms and policies, including their own privacy policies which may differ from ours.

7. TERMINATION. We reserve the right in our sole discretion to withdraw the Game or to terminate your access to the Game at any time without prior notice. Termination of Your access to the Game may also include removal of Virtual Properties. You acknowledge and agree that all terminations may be made by us in our sole discretion and that we shall not be liable to You or any third-party for any termination of Your access to the Game or for the removal of any of the materials uploaded by You to the Game. Any termination of these Terms by us shall be in addition to any and all other rights and remedies that we may have.

​8. DISCLAIMER OF WARRANTIES. ALL CONTENT AND MATERIALS ON THE GAME IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WE DO NOT REPRESENT OR WARRANT THAT: (I) THE FUNCTIONS CONTAINED ON THE SITE AND/OR IN THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE; (II) DEFECTS WILL BE CORRECTED, OR (III) THAT THE SITE OR THE GAME ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SPECIFICALLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SITE IS AT YOUR OWN RISK AND YOU ASSUME ALL RISK OF DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL.

9. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) WE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THESE TERMS, THE GAME, THE SITE OR ANY CONTENT THEREIN, INCLUDING FROM: (I) YOUR USE OF OR YOUR INABILITY TO USE, THE SITE, THE GAME OR ANY OF THE INFORMATION OR MATERIALS CONTAINED THEREIN, (II) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE SITE OR IN THE GAME, OR (III) LOSS OR DAMAGE TO VIRTUAL PROPERTIES, CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES, USER CONTENT, GAME PLAY OR OTHER DATA OR INFORMATION. THESE LIMITATIONS SHALL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) OUR AGGREGATE CUMULATIVE LIABILITY TO YOU ARISING FROM OR RELATED TO THESE TERMS, THE SITE AND/OR THE GAME FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO $100 USD.

​10. GENERAL PROVISIONS. 

  1. Applicable Law and Jurisdiction. These Terms are governed by and construed in accordance with the laws of the State of Ohio, without giving effect to any principles of conflicts of law. Any legal action or proceeding related to these Terms, the Site or the Game shall be resolved individually, without resort to any form of class action, exclusively in a federal or state court located in Columbus, Ohio.
     
  2. Use of the Game in Other Jurisdictions. We operate and provide the Game from the United State of America and we make no representation that the Site or the Game is appropriate or available in all locations. The content provided in the Game 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 any law or regulation of that jurisdiction or country.
     
  3. Copyright and Trademark Information. The Game and the information and materials it contains are our property or the property of our licensors and is protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. All City BBQ product names and logos are trademarks or registered trademarks of City Barbeque, LLC. All other company and product names and logos are trademarks or registered trademarks of their respective owners in certain countries. Nothing contained in the Game should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Game or any materials displayed by the Game, except: (a) as expressly permitted by these Terms; or (b) with our prior written permission.
     
  4. Feedback. If You provide us with any suggestions, comments or other feedback (“Feedback“) relating to the Game, we may freely use such Feedback in the Game and our business. In submitting Feedback, You agree that: (a) we not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information and You have all of the right to disclose the Feedback to us, (c) You are not entitled to receive any compensation or re-imbursement of any kind from us in respect of the Feedback.
     
  5. Assignment. Neither the rights nor obligations arising under these Terms are assignable by You, and any such attempted assignment or transfer shall be void and without effect. We may assign these Terms without restriction.
     
  6. Enforceability. If any part of these Terms is unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. Any failure by us to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. You agree that any cause of action that You may have arising out of or related to these Terms or the Game must commence within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
     
  7. Entire Agreement. These Terms and our Privacy Policy incorporated into these Terms by reference constitute the entire agreement between us relating to the Game and all related activities. These Terms shall not be modified except by a new posting of these Terms issued by us. 
     
  8. Amendments to this Policy. We reserve the right to modify these Terms from time to time upon notice to You. We will provide notice to You by posting an updated copy of these Terms to the Site with an updated revision date, which will become effective upon the date the new Terms are posted. If You continue to access and play the Game after the date the new Terms are posted, You consent to the updated Terms and agree to be governed by them.
     
  9. Contact Us. If You have any questions, comments or suggestions about our information policies which aren’t answered here, please contact us by email at: [email protected].