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Terms & Conditions

Your Use of This Website Is Governed By These Terms & Conditions

 

LAST UPDATED: December 6, 2021

Welcome to crimaniagames.com.  These  Terms & Conditions apply to the Crimania, LLC website located at www.crimaniagames.com and all other websites, mobile sites, services, applications, platforms, and tools where these Terms & Conditions appear or are linked (collectively, the “Site”). As used in these Terms & Conditions, “Crimania,” “Crimania Games,” “us,” or “we” refers to Crimania LLC d/b/a Crimania Games.  The Site may only be used for lawful purposes in accordance with the terms of the license granted in these Terms & Conditions.

 

Please read the following Terms & Conditions carefully as they affect your legal rights.  These Terms & Conditions contain an arbitration agreement that requires the use of arbitration on an individual basis to resolve disputes rather than jury or any other court proceedings, or class actions of any kind. The arbitration agreement is set forth in the “Arbitration Agreement” section below.

 

By accessing or otherwise using this Site you agree to these Terms & Conditions.  If at any time you do not agree to or accept these terms, you must immediately stop using the Site.

 

1.    CONTENT.  All content included on the Site such as text, graphics, logos, images, audio clips, video, data,  and other material (collectively “Content”) is owned or licensed property of Crimania, LLC d/b/a Crimania Games and is protected by copyright, trademark, or other proprietary rights. The collection, arrangement and assembly of all Content on the Site is the exclusive property of Crimania, LLC and protected by U.S. and international copyright laws. Crimania expressly reserves all intellectual property rights in all Content.

2.   USE AND ACCESS. Crimania grants you a limited license to access and make personal use of the Site and the Content for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms & Conditions including, without limitation, the below unlawful or prohibited uses. As a condition of your use of this Site, you warrant to Crimania that you will not use the Site for any purpose that is unlawful or prohibited by these Terms & Conditions.  Your use of this Site is also subject to the terms of our Privacy Policy.  

 

Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:

  • Make any commercial use of the Site or its Content, including making any collection or use of any product listings, descriptions, prices, or images;

  • Download, copy or transmit any Content for the benefit of any other third-party; 

  • Make any use of data extraction, scraping, mining or other data gathering tools, or create a database by systematically downloading or storing Site Content, or otherwise scrape, collect, store, or use any Content, account information, product listings, descriptions, prices, or images, except pursuant to the limited license granted by these Terms & Conditions;

  • Use any meta tags or any other hidden text utilizing Crimania’s name or marks;

  • Misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;

  • Use a buying agent to conduct transactions on the Site;

  • Conduct fraudulent activities on the Site;

  • Violate or attempt to violate the security of the Site, whether in an automated fashion or otherwise, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are (a) not authorized to access or, (b) in the case of a user account, not the registered user of such account; (ii) trying to change the behavior of the Site; (iii) attempting to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting malware to the Site, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing”; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Site (impersonating the Site) or to the Site (impersonating another user whether such user provided their approval for such action(s) or not);

  • Send unsolicited or unauthorized email on behalf of Crimania, including promotions and/or advertising of products or services;

  • Tamper with the Site or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the Site, or any activity being conducted on the Site;

  • Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;

  • Harvest or collect personally identifiable information about other users of the Site;

  • Restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site);

  • Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the Site;

  • Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site; or

  • Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.

 

Accessing, downloading, printing, posting, storing, or otherwise using the Site or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms & Conditions. The Site is intended for use by individuals 18 years of age or older. If you are under 18, you may use this Site only with involvement of a parent or guardian.

 

3.   MODIFICATIONS. Crimania reserves the right to modify or change these Terms & Conditions at any time with or without prior notice. By using this Site, you are agreeing to be bound by the current version of these Terms & Conditions of Use.

4.  USER TRANSACTIONS. If you wish to purchase a product made available through this Site, you may be asked to supply certain information related to the transaction, including but not limited to contact information, billing address, information about payment method (e.g., card number and expiration date).  By providing this information, you represent and warrant that you have the legal right to use any payment card(s) or other payment method(s) utilized in connection with any transaction.

5. RETURNS. If you are not fully satisfied with your purchase, you may return it in accordance with this return policy.  Digital downloads offered by Crimania are provided for your personal, noncommercial use only in the United States, its territories, and possessions.  All purchases of digital content are deemed final and non-refundable.  All other items in a new condition may be returned within 45-days of purchase to receive a refund or exchange.  Items that are opened or damaged, or that do not have a receipt, may be denied a refund or exchange.

 

6. REVISIONS AND ERRATA. The materials appearing on Crimania’s Site may include technical, typographical, or photographic errors. Crimania does not promise that any of the materials in this Site are accurate, complete, or current. Crimania may change the materials contained on its Site at any time without notice. Crimania does not make any commitment to update the materials.

7. LINKS. Crimania has not reviewed all of the websites linked to its Site and is not responsible for the contents of any such linked website. The presence of any link does not imply endorsement by Crimania of the Site. The use of any linked website is at the user’s own risk.

8. LIMITATIONS OF LIABILITY.  Under no circumstances shall Crimania be liable or held accountable for any direct or indirect damages that will with your use or inability to use the materials on Crimania’s Site, even if Company Name or an authorize representative of this Site has been notified, orally or written, of the possibility of such damage. If you are dissatisfied with this Site, any Content on the Site, or these Terms & Conditions, your sole and exclusive remedy is to discontinue use of this Site.  You acknowledge by continued use of this Site, that your use is at your sole risk. Some jurisdictions do not allow limitations on implied warranties or limitations of liability for incidental damages, so these limitations may not apply to you.

9. ARBITRATION CLAUSE. You and Crimania agree that in the event of any claim, dispute, or controversy (whether in contract, tort, statute, or otherwise) arising out of, relating to, or connected in any way with (1) the Site or (2) the breach, enforcement, interpretation, application, or validity of these Terms & Conditions, such claim, dispute or controversy will be resolved exclusively by final and binding arbitration, except that in lieu of arbitration: (1) either you or Crimania can bring an individual claim in small claims court in the United States consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim; and (2) you agree that you or Crimania may bring suit in court to enjoin infringement or other misuse of intellectual property rights. The Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern the interpretation and enforcement of this section. The arbitration will be conducted under the then current and applicable commercial rules of the American Arbitration Association (“AAA”). The AAA rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879.

10.  JURISDICTIONAL ISSUES AND GOVERNING LAW. This Site is controlled and operated by Crimania from the United States, and is not intended to subject Crimania to the laws or jurisdiction of any state, country, or territory other than that of the United States.  Crimania does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and are responsible for complying with all local laws, rules, and regulations.  All matters relating to your access to, or use of this Site, and all matters arising out of or related to these Terms & Conditions will be governed by the applicable laws of the United States and the laws of the State of Missouri without regard to Missouri’s choice of law principles.   

11. CALIFORNIA PRIVACY ISSUES. California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to crimania@outlook.com. You may also contact us by writing to CrimaniaGames.com, 214 S. Spring Street, Independence, MO 64050. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.  

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