Effective Date: 19 June 2017
a) Venue. OUR SITE IS A NEUTRAL VENUE. WE DISCLAIM ALL LIABILITY ARISING OUT OF OR RELATED TO INFORMATION PROVIDED TO OR BY THE SITE USERS.
a) All Site contents, registered and unregistered trademarks, designs, information and images (the “Intellectual Property”) belong to us and our content suppliers. The Intellectual Property is protected by English and international trademark, copyright, privacy, and other intellectual property laws. You obtain no interest in that Intellectual Property, provided, however, that you may download and view or print a copy of materials on this Site for personal use as long as you do not modify any content (including any copyright notice) in any way. All rights not expressly granted under these Terms are reserved by us. Unless expressly stated otherwise, you shall not copy, reproduce or replicate any Intellectual Property. We have the right but not the obligation to monitor and edit or remove any content submitted by users. We take no responsibility and assume no liability for any content posted by users or any third party.
b) We claim no ownership rights over the products we are selling and associated IP. Product pictures, trademarks, descriptions, videos, etc. are used for descriptive purposes only.
By using this Site, you represent, warrant and agree that:
a) If you place an order, you have a full capacity to form a legally binding contract.
b) You will provide a valid payment method information when necessary and pay all sums due when due. You will not use payment methods which you are not authorized to use. You will not use fake identity.
c) The title to the items purchased does not transfer to you until we have received payment in full.
d) You will not manipulate (“photoshop”) images of errors from various platforms when trying to activate CD key/serial code.
e) You will not create duplicate accounts and you will not share your account with anyone. You are solely responsible for all activity that occurs under your account.
f) Our Site may contain typographical errors, “price bugs” (mispriced items) or other inaccuracies.
g) Submission of untruthful product reviews, articles or other content may result in account termination. We may reject or erase or edit any content submitted for any reason without prior notice to you, within our sole reasonable discretion. All content you submit to our Site is free of third party intellectual property claims and contains no vulgar, profane, defamatory, abusive, racist or hateful language or expressions. You will only submit true, complete and not misleading information to the Site.
h) Our maximum liability with respect to any item sold will be limited to replacing that item or refunding payment made. In no event will we be liable for indirect, incidental or consequential damages.
i) Our Site content may not be copied for republication, either online or on paper, without our prior express written permission.
j) You will not submit unsolicited bulk or commercial messages ("spam") to our Site, other users or anyone else. Any unsolicited message must also not direct the recipient to any third party site or other resource.
k) You will not access our Site in order to gain a competitive advantage.
l) You will only use the Site for legal purposes and you will remain responsible for complying with all laws applicable to your use of the Site.
m) All persons who access the Site through your Internet connection (i) will have a legal right to do so, and (ii) will read and comply with these Terms of Service.
n) We have the right to refuse access, service or disable your account on our Site at any time for any reason or no reason without notice, explanation or liability of any kind.
o) You will not interfere with the proper working of the Site. You will not impersonate any other person or entity, submit any false, defamatory, offensive, harassing material, or any material that infringes or violates another party's intellectual property rights and rights of privacy and publicity.
a) We may take any action that we deem necessary or appropriate if we believe that any user violates the Terms of Service, infringes any intellectual property right, privacy right or confidentiality principles, threatens anybody’s personal safety or uses offensive language. We may:
(i) disclose user’s identity to law enforcement agencies, to any third party claiming violation of their intellectual property or privacy right,
(ii) block user’s IP address, notify user’s Internet Service Provider, suspend or terminate any account on our Site,
(iii) moderate any content submitted to us,
(iv) take any other action provided for in these Terms of Service or available under equity or law.
b) Since we cannot ensure that all material submitted to us is accurate and free of third party claims, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
a) All payments must be made by PayPal or credit cards. Customer agrees to pay all fees and charges incurred in connection with purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify ROTTCONN.COM of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If ROTTCONN.COM does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by ROTTCONN.COM or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. ROTTCONN.COM shall automatically charge and withhold the applicable sales tax for orders to be billed to addresses within California and any other states or localities deemed required.
b) Despite our best efforts, a small number of products offered through our Site may be mispriced. If the correct price of an item sold is higher than our stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
c) ROTTCONN.COM shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. ROTTCONN.COM shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, ROTTCONN.COM shall issue a refund via your payment method the amount of the charge (this can take up to 5-7 working days).
a) We will only refund your purchase if we, in our sole discretion, consider your request reasonable due to special circumstances. We will not refund purchases that are due to your dissatisfaction with the product or if your computer does not meet the minimum product requirements. We are unable to process refunds 96 hours before a game is due to be released or preload begins. We will consider (but do not promise) issuing a refund only if: 1) the game has not been activated or downloaded; 2) the game activation key (including any bonus or beta keys) have not been disclosed to you. For UK customers, refund request must be made in less than 30 days from the day of purchase. Rest of EU – less than 14 days.
b) If you dispute any payment made to us, you must contact us immediately and provide full details of your claim. If you submit an unjustified charge-back, then you will be liable to pay us, within 7 days following the date of the charge-back: (i)an amount equal to the amount of the charge-back; (ii) all expenses incurred by us in relation to the charge-back; and (iii) an administration fee of EUR 30. If you submit an unjustified charge-back, then we may terminate any contracts between you and us.
a) YOUR USE OF THE SITE, ITS CONTENT AND ANY PRODUCTS OBTAINED THROUGH IT IS AT YOUR OWN RISK. WE DO NOT GUARANTEE THAT ANY INFORMATION PROVIDED ON THE SITE IS COMPLETE, ACCURATE OR UP-TO-DATE. WE DO NOT WARRANT THAT THE PRODUCTS WILL MEET YOUR EXPECTATIONS OR REQUIRMENTS. IN NO EVENT WILL WE, OUR EMPLOYEES, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, OR ANY ITEMS OBTAINED THROUGH THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
b) UNDER NO CIRCUMSTANCES WILL THE SITE BE LIABLE FOR ANY AMOUNTS EXCEEDING THE AMOUNTS ACTUALLY PAID FOR AN ALLEGEDLY UNSATISFACTORY ITEM. NO CLAIM, SUIT OR ACTION MAY BE BROUGHT AGAINST US AFTER SIX MONTHS FROM THE UNDERLYING CAUSE OF ACTION.
c) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION, OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless the Site, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising out of or in connection with
(i) any content you submit to us, including without limitation, product reviews, posts, articles, and images
(ii) your breach of these Terms, any law or regulation, and
(iii) your infringement of any intellectual property or privacy right of any person or entity. This indemnification provision shall apply to third-party claims as well as claims between you and us.
By accessing the Site, you agree that all matters relating to the use of the Site shall be governed by English law.
a) Electronic Communications. You agree that all notices or other communications regarding your account and/or your use of the Site ("Communications"), may be provided to you electronically and you agree to receive all Communications from us in electronic form. You may print a copy of any Communications and retain it for your records. All electronic Communications will be considered just as legally binding as if they were in paper form. You may revoke your consent to receive Communications electronically, but if you revoke your consent to receive Communications electronically, we reserve the right to terminate your right to use our Site.
b) Hyperlinks. You may link to our Site, as long as this is done in a fair way that is not detrimental to our reputation or business interests and does not suggest any form of association where there is none. You cannot frame our Site on any other site. We reserve the right to request that you withdraw any link and you agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We may transfer, assign or subcontract the rights, interests or obligations under the Terms of Service, at our sole discretion, without obtaining your consent.
c) Assignment. We may transfer, assign or subcontract the rights, interests or obligations under the Terms, at our sole discretion, without obtaining your consent.
d) Severability. Should any part of these Terms of Service be rendered or declared invalid by an appropriate authority, such invalidation of such part or portion of these Terms of Service should not invalidate the remaining portions thereof, and they shall remain in full force and effect.
e) No Waiver. Enforcement of these Terms of Service is solely in our discretion, and failure to enforce the Terms of Service in some instances does not constitute a waiver of our right to enforce them in other instances.
f) Prevailing Language. In the event of any discrepancy between the English original version of these Terms and any foreign language translation, the English version prevails.
Please direct your questions, comments or concerns to: firstname.lastname@example.org