Unfair Games, Inc.

TERMS OF USE

Unfair Games, Inc. (" Unfair Games ") operates this website (“Unfair Games”). Throughout the site, the terms “we,” “us” and “our” refer to Unfair Games. Unfair Games 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 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 added to the site 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. 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. Subject to all applicable laws, we reserve the right to refuse service to anyone for any reason at any time. In particular, we reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

Please use a standards-compliant web browser. Javascript must be enabled to utilize this site.

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. It 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.

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.

We have made every effort to display the colors and images of our products that appear at the store as accurately as possible. 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 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 that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.

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 any third party for any modification, price change, suspension, or discontinuance of the Service.

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 at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the website or on any related website, including without limitation, pricing information, except as required by law.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may limit or cancel quantities purchased per person, per household, or per order at our sole discretion. 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. 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.

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 website 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 website or any related website, other websites, or the Internet. We reserve the right to terminate your use of the website or any related website for violating any prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

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 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 Unfair Games, 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 website, or for any other claim related in any way to your use of the website 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 website or any content (or product) posted, transmitted, or otherwise made available via the website, 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.

PRIVACY

When you make a purchase or attempt to purchase through the Site, we collect certain information from you, including your name, e-mail address, billing address, phone number, credit card number, internet protocol (IP) address, and geographical region. We refer to this information as “Order Information.”

User information is secured and encrypted via SSL providing a secure end-to-end connection.

When we talk about “Personal Information” in this Privacy Policy, we are talking about Order Information.

We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:

Communicate with you;
Screen our orders for potential risk or fraud; and
When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

We may share your Personal Information to comply with applicable laws and regulations, respond to a subpoena, search warrant or other lawful requests for information we receive, or otherwise protect our rights.

If you are a European resident, you have the right to access the personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.

Additionally, suppose you are a European resident. In that case, we note that we are processing your information in order to fulfill contracts we might have with you (for example, if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside Europe, including to Canada and the United States.

If you are a California resident, you have the right to make the following requests:

You may request that we DISCLOSE the following information covering the 12 months immediately preceding your request:
- The categories of Personal Information we collected about you and the categories of sources from which we collected that such information
- The specific pieces of Personal Information we collected about you
- The business or commercial purpose for which we collected or (if applicable) sold Personal Information about you.
- The categories of Personal Information about you, if any, that we sold, and the categories of third parties to whom we sold it; and
- The categories of Personal Information about you, if any, that we otherwise shared or disclosed, and the categories of third parties with whom we shared or to whom we disclosed it.

To make a request for these disclosures, please email us at support@unfairgamesinc.com

You may request that we DELETE the Personal Information we collected from you. Note that we will honor your deletion request concerning Personal Information except to the extent that such information falls within one of the permitted exemptions under the CCPA. For example, we will not delete Personal Information that we need to retain for our business records or for fraud prevention or legal compliance.
To Make A Request For Deletion, please email us at support@unfairgamesinc.com

Users may unsubscribe from receiving promotional or marketing e-mails from Unfair Games Inc. by using the “unsubscribe” link in the e-mails received or by contacting us.

We may update this privacy policy from time to time to reflect, for example, changes to our practices or other operational, legal or regulatory reasons.

RETURN POLICY

All sales are final. We do not issue refunds, accept cancellations, or allow exchanges to be made. On a case-by-case basis, under extenuating circumstances, at our discretion, if we determine a refund is warranted, a 5% fee will be deducted from the refund. All shipping fees and international duty/tax are non-refundable. If a refund is granted in any instance, credit cards will be refunded in USD at the exchange rate effective at the time of the refund. The cardholder assumes all responsibility for any fluctuations in the exchange rate and/or fees levied by their bank. For us to provide the best customer service, any concerns regarding orders must be received in writing within 14 days of receiving the order.

DAMAGED PRODUCTS

All items must be inspected within three days of receiving and customer service must be notified within 7 days of delivery. Images and descriptions of defects/damages must be provided for review.

INTERNATIONAL DUTY & TAX

International customers may incur additional charges at the time of checkout. International Duty and Taxes are calculated according to country and included in the order total at checkout. The buyer is responsible for paying for all import Duty and Taxes prior to shipping. We will transfer the fees we collect to our shipping partners to process your international shipment.

COPYRIGHT & TRADEMARKS

All content of our website, including text, graphics, logos, buttons, icons, images, and software, is the property of Unfair Games Inc. and is protected by the United States and international copyright laws. The buyer may electronically copy and print hard copies of pages from this website solely for personal, non-commercial purposes related to placing an order or shopping with Unfair Games Inc. Any other use of our website, including reproduction and internet links, is strictly prohibited without our prior written permission.

SECURE PROCESSING

We use secure processing called SSL Encryption Technology, the industry standard. SSL (Secure Sockets Layer) is a protocol developed to transmit private information over the internet. SSL uses a private key to encrypt the user’s data, including credit card information so that it cannot be read while being transferred over the internet.

LINKING

You may link to publicly available portions of the Services if you do so in a fair way and do not damage or take advantage of our reputation. Still, you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. The Services must not be framed on any other website or service. We reserve the right to withdraw linking permission without notice.

If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Unfair Games and our partners, officers, directors, agents, contractors, licensors, service providers, principals, 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.

SEVERABILITY

Suppose any provision of these Terms of Service is determined to be unlawful, void, or unenforceable. In that case, such provision shall nonetheless be permitted by applicable law. The enforceable to the fullest ex 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.

TERMINATION

The obligations and liabilities of the parties incurred before 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 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 website (or any part thereof).

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 constitute the entire agreement and understanding between you and us and govern your use of the website, 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.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New York.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service on this page.

At our sole discretion, we reserve the right 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.

YOUR COMMENTS AND CONCERNS

Unfair Games Inc. operates this Website.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: support@unfairgamesinc.com