Just Uptown Games Terms and Conditions ("Agreement")

Preface. Please read these Terms and Conditions ("Agreement", "Terms and Conditions", "Terms of Service") carefully before using http://www.justuptowngames.com ("the Site", “Website”) operated by IWL Entertainment ("us", "we", or "our"). We maintain this web site as a service to our customers, and by using our site you are agreeing to comply with and be bound by the following terms of use. If you do not agree to the terms and conditions, you should not review information or obtain goods, services or products from this site. This Agreement sets forth the legally binding terms and conditions for your use of the Site at http://www.justuptowngames.com. By using the Site, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

PLEASE NOTE: YOU MUST BE 18 YEARS OLD OR OLDER (OR THE AGE OF THE MAJORITY IN YOUR JURISDICTION IN WHICH YOU LIVE) IN ORDER TO PARTICIPATE ON OUR SITE.

Links To Other Sites. This Website may contain links to other websites (the "Linked Sites") which are not operated by us. We have no control over the Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Privacy Policy. Our privacy policy, which sets out how we will use your information, can be found here. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate. The privacy policy, in conjunction with these Terms and Conditions, collectively make up the Agreement.

Prohibitions. You must not misuse this Website. Per your continual usage of this Site, you agree that you will not:

  • commit or encourage a criminal offense;
  • transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
  • hack into any aspect of the Service;
  • corrupt data;
  • cause annoyance to other users;
  • infringe upon the rights of any other person's proprietary rights;
  • send any unsolicited advertising or promotional material, commonly referred to as "spam";
  • or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

Breaching this provision would constitute a criminal offense and we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack (DDoS), viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Terms of Sale. By placing an order on this site, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

In order to contract with us, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. We retain the right to refuse any request made by you. If your order is accepted, we will inform you by email and we will confirm the identity of the party which we have contracted with. This will usually be us or may in some cases be a third party. Where a contract is made with a third party, we are not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you.

When placing an order, you undertake that all details you provide to us are true and accurate and that you are an authorized user of the credit or debit card or other payment method used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

  1. Our Contract - When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
  2. Payment via debit/credit card - Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
  3. Payment via check - When you send in a paper check payable to Just Uptown Games (IWL Entertainment), you authorize us to initiate either an electronic debit or to create and process a demand draft against your bank account for the payment of goods ordered on the date provided on the check. The amount of the debit and bank account information will be used directly from the check. You acknowledge that the origination of ACH transaction to your account must comply with the provisioning of United States law. You further express authorize us in the event your check is dishonored or returned for any reason, to electronically debit your account for the amount of the check plus a processing fee of $25.00 (or other statutory limit) plus any applicable sales tax.
  4. Pricing and Availability - Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may sometimes occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If either you or we cancel your order and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'. Further any price information published on this site or in price lists, bulletins, and emails are not a definite quotation or offer to sell. All prices are listed in US Dollars. Any prices listed in other currencies cannot be confirmed until you order.
  5. Sales Tax - We collect sales tax in states where we have a physical presence (or nexus). Currently, our offices are located in the state of New York, United States. We do not collect sales or use taxes for other states because we are not required to collect sales or use tax in those states. However, even if we do not collect sales tax from you, you may owe sales or use tax on your purchase. Unless you live in Alaska, Delaware, Montana, New Hampshire, or Oregon, your state most likely requires purchasers to report and pay tax on all purchases that are not taxed at the time of sale. The tax may be reported and paid on your individual income tax return or by filing a consumer use tax return. For more information, please visit your state's department of revenue or taxation website.
  6. Custom Duties - When an order is shipped to you per your instructions, it is possible that the government of the country you requested the order shipped to may charge fees, custom duties or other taxes on these goods. The entire responsibility of such fees, duties or taxes is the responsibility of the buyer. If we, acting as the shipper, are charged any such fees, we will charge you for those fees. This applies even if you, the buyer, choose not to accept the shipment.
  7. Returned Orders – If an order is returned to us due to our failure to put an accurate address (as declared by you), because we have instructed you to refuse this order, because we have shipped the wrong items, or because we asked the shipping company to return the order, then we will be entirely responsible for the shipping charges, both to and from you, the buyer. Otherwise, the shipping costs, both to and from you, are your responsibility and any charges made to us will, in turn, be charged to you. If an item is marked as undeliverable as addressed, you will be responsible for repaying the shipping charges.
  8. Risk of Loss - All products purchased from us are made based on our contracts with our shippers. This means that the risk of loss and title pass to you when the product is accepted by the shipping carrier. The exception to this is if the order is paid for by Visa or MasterCard. In that case, the Risk of Loss does not transfer does not transfer until you have received the product from the shipper.
  9. Return Policy - We have a returns policy in place in the event that an order or an item of an order is unacceptable by the buyer. Our full returns policy is found here and is considered a part of this Agreement.

Fraud. By becoming a member, you confirm that the information provided in this form is true and that you agree to abide by the Terms and Conditions of use of this site. Please note that your membership can be cancelled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by us in its sole discretion. If membership has been revoked, we reserve the right to refuse application or readmission to the membership program.

Disclaimer of Liability. The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, we and our suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect our liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Linking to this Website. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Submissions.  All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.

Intellectual Property, Software and Content. The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of us or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by us and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Disclaimer as to ownership of trade marks, images of personalities and third party copyright. Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with us and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to, it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to us.

Indemnity. You agree to indemnify, defend and hold harmless Just Uptown Games, IWL Entertainment, and their directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service.

Nontransferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.

Invalidity. If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of the Terms of Service will not be affected and all other clauses will remain in full force and effect. So far as possible, where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Waiver. If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Complaints. We operate a complaints handling procedure in which we will try to resolve disputes when they first arise. Please let us know if you have any complaints or comments by using the appropriate “Contact Us” link or submitting an email to the appropriate department.

Legal Venue, Governing Law. YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE SUPREME COURT OF THE STATE OF NEW YORK, BRONX COUNTY  OR THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK. YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT BRONX, NEW YORK OR THE SOUTHERN DISTRICT OF NEW YORK IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This site is created and controlled by IWL Entertainment in the State of New York, United States of America. As such, the laws of New York will govern the terms and conditions contained in this Agreement (and any further rules, polices, or guidelines incorporated by reference) and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.

Entire Agreement. The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director or other appropriate officer of IWL Entertainment.

Changes To This Agreement. We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site without specific notice to you. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.

Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

Contact Us. If you have any questions about this Agreement, please contact us.

Date of Last Update. This document was lasted updated: September 8, 2014.

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