TERMS OF SERVICE & TERMS OF SALE
This website is operated by Retrobit Game. Throughout the site, the terms “we”, “us” and “our” refer to Retrobit Game. Retrobit Game offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our subscription store is hosted on Cratejoy.com. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us.
We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 Auto-Renewing Box Subscriptions.
After your initial order and receipt of your first Box, Retrobit Game expects to ship out subsequent monthly from the 4th – 12th of each calendar month, or the following business day if the projected shipment date is a holiday. Please note that while we do our best to maintain the projected shipment date, shipments may be delayed as a result of vendor issues, emergencies, severe weather, natural disaster, strikes, acts of government authorities, or other factors beyond Retrobit Game’s reasonable control.
- Month-to-Month: If you have chosen a monthly recurring Box Subscription type (“Month-to-Month Subscription”), for your first-month Retrobit Game will charge you the relevant monthly Box Subscription fee at the time of sign-up. For each subsequent month, you will be charged before your order is shipped.
- The monthly cut-off to subscribe for the next box is the 30th of the prior month. Any orders placed after the 30th of the prior month will NOT receive the subsequent month’s Retrobit game Subscription Box. For example, if you subscribe after the 30th of March (on the 31st March) you will not receive the April subscription box dispatched around the 4th -12th of April.
- Long-Term Box Subscription and Box Subscription Upgrades: If you choose a Box Subscription of longer than one month, for example, a 3-Month Subscription, or if you elect to upgrade your Subscription for a 3 or 6 month period (“Long-term Box Subscription”), the fee for the entire Subscription Term will be charged to you upon signing-up for your Long-term Box Subscription.
- Subscription Term length cannot be changed until the Subscription Term is up for renewal in accordance with CANCELLATION OF YOUR AUTO-RENEWAL SUBSCRIPTIONS section below. • On the last month of the Subscription Term, if the Long-term Subscription is not cancelled, the Box Subscription will convert to a Month-to-Month Box Subscription beginning on the subsequent month after the end of the Subscription Term.
- Gift Subscriptions. You may purchase and designate a purchase of a stand-alone Box or any Box Subscription as a “gift” for someone else during your order process (“Gift Subscription”). Your Gift Subscription may be automatically placed on the Must Have Wait List as described under “Wait List” above. A Gift Subscription does not automatically renew and will terminate at the end of its initial Subscription Term.
SECTION 14 CANCELLATION OF YOUR AUTO-RENEWAL SUBSCRIPTIONS
- Please note that once you have subscribed you are eligible and billed immediately for your first month’s subscription box, if you elect to cancel right away you will cancel the following months subscription box, but are still obligated to receiving the first month’s subscription. You will NOT receive any refund for cancelled subscriptions.
- At the end of a Subscription Term, your Box Subscription will automatically renew for additional one-month Subscription Term(s), unless you log in to your Cratejoy account and cancel your Box Subscription at any time prior to the twenty-third (23rd) day of the month. For example, should you log in to cancel your Box Subscription on January 23rd, you will not incur any charges for the month of February, thereby ending your then-current Subscription Term in January.
- Should you log in and cancel your Box Subscription on January 25th, you will be charged and receive the February Box and then your Subscription Term ends in FebruaryIf you have a Long-Term Subscription, your Box Subscription will be up for renewal as of the last month of the Long-Term Subscription unless you cancel by the twenty-third (23rd) day of that month.
- For example, if you have a 3-Month Subscription commencing in January and have received a January Box, you must log in to cancel your Long-Term Subscription by March 23rd to not incur a charge in April and receive the April Box. You will not be renewed for another Long-Term Subscription; in the example above, you will be automatically renewed and your Box Subscription then converts to a Month-to-Month Subscription in April.
- RETROBIT GAME may limit quantities of or cancel Box Subscriptions purchased, and we reserve the right to refuse any order. In the event RETROBIT GAME needs to change or cancel an order, we will attempt to notify you using the contact information you provided at the time the order was made.
SECTION 15 BOX SUBSCRIPTION PRICING MAY CHANGE.
- Retrobit Game reserves the right to change the prices and available Box Subscriptions at any time, upon notice to you, provided that any Box Subscription you have already paid for as of the date of such notice will not be affected by such change for the then-current Subscription Term.
- For the avoidance of doubt, the Subscription Term of a Month-to-Month Subscription is one (1) month.
- RETROBIT GAME reserves the right to charge shipping costs at its discretion, any addition of shipping costs will be made upon notice to you.
SECTION 16 – USE OF PROMOTIONAL CODES.
- Retrobit Game may, from time to time in its sole discretion, offer certain promotional codes for discounts. Promotional codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. There is no cash alternative. Furthermore, promotional codes cannot be used in conjunction with any other offer or promotional discount and must be redeemed by the date published, if provided. Any promotional code may only be used in accordance with the terms provided with that promotional code or on the Must Have website.
- Lost promotional codes cannot be replaced. Promotional codes will not be applied to subsequent automatically renewed transactions. Promotional codes are void where prohibited. Any promotional program may be terminated or modified by RETROBIT GAME at any time in its sole discretion.
- Promotional codes may not be used in connection with other special offers or single top-up product purchases
SECTION 17 – REFERRAL CREDITS AND OTHER CREDITS
- RETROBIT GAME may provide you referral credits, or referral offers/bonuses. (“Referral Credits”) when you invite your friends to sign-up for certain types of RETROBIT GAME accounts (“Credit-Eligible Accounts”, which shall not include Gift Subscriptions or purchase of a (Premium edition curated Game Box). Referral Credits may be awarded to you when your friends join and make their first purchases of a qualifying Box Subscription.
- Referral Credits are granted in RETROBIT GAME’s sole discretion. In order for you to be eligible to receive Referral Credits for friends creating new Credit-Eligible Accounts, the new friend must create a Credit-Eligible Account via the unique referral link RETROBIT GAME provides to you and make a purchase of a qualifying Box Subscription, as applicable. You will not share your unique referral link in any public forum or with third parties you do not know (including without limitation, on any coupon site). Referral Credits are loyalty or promotional discounts or credits offered by RETROBIT GAME, and do not constitute an account, a payment instrument or other property owned by any RETROBIT GAME user.
- RETROBIT GAME reserves the right to revoke your Referral Credits if it determines that you have engaged in fraudulent referral activity (e.g. inviting fake people to create Credit-Eligible Accounts) or otherwise violated the Agreement, or if RETROBIT GAME terminates your membership. If your account has not been active for six (6) consecutive months, any Referral Credits you may have earned will expire at that time.When you have earned three (3) Referral Credits, you will receive one (1) free Retrobit Game (“Referral Bonus Box”) subject to your having an active account or $10.00 Cash equivalents at our discretion.
- If you have other credits provided by RETROBIT GAME, whether a credit applicable as paid by you at the time of initiating a Box Subscription or selecting an upgrade (“Paid Credits”) or a credit applied by RETROBIT GAME’s customer service at RETROBIT GAME’s sole discretion (“Customer Service Credits” and together with the Paid Credits, Referral Credits and Ten Dollar Off Reward, the “Credits”), your Credits will be applied in the following order: (1) Referral Credits, (2) Customer Service Credits, (3) Paid Credits, and (4) Ten Dollar Off Rewards. Credits are not transferable or sellable, are not gift cards, have no cash value, are not cash equivalents, and cannot be redeemed for cash or cash equivalents. You may not sell, give, or otherwise transfer your Credits to any other account, individual or RETROBIT GAME user.
- Referral credits may not be used in connection with other offers.
SECTION 18 – NO RETURNS OR SUBSTITUTIONS
- The hardworking team at RETROBIT GAME curate all products offered through the Services, including the contents of each Box and the products selected for top-ups and special offers. We do not allow returns or substitutions of anything in your Box or any product purchased through retrobitgame.com except under our sole discretaion if a product does not work.
- Should RETROBIT GAME decide to honor a return as determined in its sole discretion, we will either send you a pre-paid label to return the item and deduct the cost of shipping from your refund amount, or we will request that you return the item using your preferred shipping method at your expense. All refunds are issued in the original form of payment for all purchases. A third party carrier ships all products; as a result, title and risk of loss for any purchase will pass to you upon our delivery to the carrier.
- YOU MUST PROVIDE ACCURATE INFORMATION – Retrobit Game will charge all fees for the Services to the credit card that you provide to us. For Box Subscriptions, any updates to your account (i.e. shipping and billing information) must be made prior to the twenty-third (23rd) day of each calendar month for the updated details to apply to the subsequent month.
- If the credit card information you have provided is incorrect or incomplete, or RETROBIT GAME is unable to complete a transaction due to your error or omission, we will attempt to contact you and inform you of the problem; however, incomplete transactions will result in suspension of your upcoming Box. Failure to provide accurate and complete shipping and billing information may result in the delay or cancellation of your order or a particular delivery.
SECTION 19 – SHIPPING AND BILLING INFORMATION
- All purchases made through the Services will be shipped and billed to your default shipping address and default payment method identified under “Account Settings” under your account. Retrobit Game will not incur additional shipping charges.
SECTION 20 – PRICING AND SALES TAX
- Prices displayed on the Services are quoted in U.S. currency and are valid Globally. Our offshore operation is not liable to charge sales tax. We do not collect sales tax in any country, and will not unless we become required to do so by law in the future
SECTION 20 – DAMAGED OR INCOMPLETE CONTENTS
- 98 percent of the second-hand games, discs, and cartridges we supply are used, whilst we do our best to select the most complete and good condition items, some of the games will have physical wear and tear. Such as pealed labels, cracked jewel cases, broken or missing covers, missing boxes, incomplete contents, missing labels, scratches, marks, scuffs, blemishes, inked, torn, worn.
- You may receive damaged or incomplete products, but we guarantee all games will be working as we have tested them prior to shipping. If you have a problem with the game playing/functioning please email us @ email@example.com within four (4) weeks following shipment of the item (i.e., your receipt of tracking information). You will need to provide email notice to us within that time frame and include photographic/video evidence documenting the damaged product not being able to play or function in order to receive a replacement product. Any replacement may take four – six weeks or more to fullfil.
- All return postage is covered by the recipient.
SECTION 21 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
- Product specifications and other information have either been provided by the vendors or collected from publicly available sources. While RETROBIT GAME makes reasonable efforts to ensure that the information provided to you is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on the retrobitgame.com website, a text message, and/or contained in your Box. RETROBIT GAME makes no warranties or representations whatsoever with regard to any product provided or offered by any vendor, and you acknowledge that any reliance on representations and warranties provided by any vendor shall be at your own risk. Moreover, RETROBIT GAME disclaims any responsibility in connection with your use of the products provided through the Services, and any and all such use shall be at your own risk. The foregoing limitations may not apply to you if you are a resident of New Jersey or another state which does not allow such limitations.
- RELEASE OF CLAIMS – You hereby release RETROBIT GAME, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of (i) your use of the Services, or (ii) any disputes with any third party and our Services. IF YOU ARE A CALIFORNIA RESIDENT, YOU SHALL AND HEREBY DO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”YOU ARE AGREEING TO BINDING ARBITRATION
- Certain portions of this Arbitration section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and RETROBIT GAME agree that we intend that this section satisfies the “writing” requirement of the Federal Arbitration Act.
- You and RETROBIT GAME agree to arbitrate any and all disputes or claims arising out of, in connection with, or relating to use or purchase of the Services or any aspect of the relationship between you and RETROBIT GAME. This includes agreeing to arbitrate claims that arose before this Agreement came into effect and any claims that may arise after termination of this Agreement. The arbitration shall be conducted in accordance with the American Arbitration Association (“AAA”) Consumer Arbitration Rules then in effect. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
- TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT (I) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (III) 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. If the specific provision of this paragraph is found to be unenforceable, then the entirety of the Agreement titled “BINDING ARBITRATION” shall be null and void.Arbitration is a method of claim resolution that is less formal than a traditional court proceeding. It uses a neutral arbitrator instead of a judge or jury and is subject to limited review by courts. YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS.LIMITATION OF LIABILITY TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL RETROBIT GAME OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU THEREFOR OR $100; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND RETROBIT GAME’S REASONABLE CONTROL. BECAUSE SOME JURISDICTIONS, INCLUDING WITHOUT LIMITATION NEW JERSEY, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY SET FORTH ABOVE, THE ABOVE LIMITATIONS MAY NOT APPLY IF YOU ARE A RESIDENT OF NEW JERSEY OR ANY OTHER JURISDICTION THAT DOES NOT ALLOW SUCH LIMITATIONS. IN SOME CIRCUMSTANCES, RETROBIT GAME MAY BE LIABLE FOR ITS OWN NEGLIGENCE, RECKLESSNESS OR INTENTIONAL MISCONDUCT.WAIVER AND SEVERABILITY.
- The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Retrobit Game, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 22 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Retrobit Game and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 23 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 24 – TERMINATION
- The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
- If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 25 – ENTIRE AGREEMENT
- The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
- Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 26 – GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the state of California, United States without regard to the conflict of laws provisions thereof.
SECTION 27 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 28 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org