Limited Run Games, Inc.
Last Revised: December 6, 2018
In these Terms, we are going to refer to Limited Run Games, Inc., a lot, so we might call it the “Company” or we might just say “we”, “us” or “our.” We’ll talk about the website and the service we provide together as the “Service.” There might be other guidelines, terms, rules or the like for certain parts of the Service, and we’ll make sure we post those with those features. Those are incorporated here – meaning they are included with these terms.
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 10.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Account Responsibilities. You have to keep your Account login and password secret. If you find out that someone has used your Account without your permission, or you think they did, you have to tell us immediately. We can’t and won’t be responsible for losses or damages you suffer because you couldn’t keep your login information secret – that’s on you. If you do not tell us about an unauthorized purchase on your Account within 10 days of it happening, you waive all claims against us related to that transaction (to the fullest extent permitted by law).
Access to the Service
License. We are giving you a non-transferable, non-exclusive, revocable, limited license to use and access the Service solely for your own personal, noncommercial use, but only as we explain it in these Terms.
Restrictions. Our license grant to you has some restrictions: (a) you agree not to re-license, sell, rent, lease, transfer, assign, distribute, host, or commercially exploit the Service or any part of it; (b) you agree not to modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service; (c) you agree not to access the Service to build a similar or competitive website, product, or service; and (d) unless we say you can in these Terms, you cannot copy, reproduce, distribute, republish, download, display, post or transmit the Service. Unless we say otherwise, these Terms also apply to any future release, update, or other addition to functionality of the Service. All copyright and other proprietary notices on the Service (or on any content displayed on the Service) must be retained on all copies thereof.
Modification. We can change or stop providing the Service or any part of it. We won’t be responsible to anyone for any change to or discontinuation of the Service or any part of it.
Platform Support or Maintenance. We aren’t required to provide support or maintenance. If we do it, it’s because we are nice and we decided to do it.
Ownership. We own the service and every part of it and all of the rights in those parts. By accepting these Terms, you agree to that. Specifically, all copyrights, patents, trademarks and trade secrets in the Service and its content belong to us or our suppliers. Nothing - not these Terms or anything else - transfers any rights title or interest in any of these intellectual property rights to you or anyone else (except for the limited access license forth in Section 2.1). All rights not granted in these Terms are reserved. There are no implied licenses granted under these Terms.
Terms of Sale.
Introduction. We may make some products, services or content available to you for purchase or license through the Service. By purchasing or licensing any “Products” (which includes products and services or content) through the Service, you agree to these Terms and the added terms in this Section, which we’ll call the “Terms of Sale.”
Authorized Purchasers. In order to make a purchase using the Service, you have to be a registered user with an Account. If you get banned or we terminate your Account, we won’t let you place orders using the Service.
Making Purchases. When you make a purchase on the Service, the total price of Products may include taxes, fees, shipping or special handling costs. Before you confirm certain transactions, we might show you additional terms related to that purchase (like special shipping or license terms). Those additional terms will also apply to that transaction.
Limited Quantities. Some products on the Service will be available for purchase only in limited quantities by each purchaser. Any attempt to circumvent these limitations (like creating multiple accounts, pooling purchasers from the same household using the same payment method, group purchases for resale or anything else that we think you are doing just to get around the limits) is prohibited.
Returns and Refunds.
Digital Content & Codes – No Returns, No Refunds. Many Products available through the Service involve the purchase or licensed use of “Digital Content” and you are given immediate access to or codes providing redemption rights for access to and use of those Products as soon as you complete your purchase. Because you get immediate access and use, you lose any right to cancel or to claim a refund once you have made the purchase. Sales of redemption codes to third party content may cease to may be discontinued by their providers. We will have no liability of any kind and will issue no refunds if Digital Content you have purchased is unavailable. We may offer a substitute product, but you understand and agree that we are not required to do so and that any substitute product or service would be offered in our sole discretion.
Physical Goods. You may request a return or exchange within 30 days of delivery. Every request for return or exchange is reviewed on a case by case basis. We may refuse to return or exchange any Product for any reason in our discretion. Any return and refund permitted will be subject to a 15% restocking fee. No returns or exchanges will be provided for “loose discs.” Any physical item shipped with a code for Digital Content cannot be returned or exchanged. You may request return or exchange of merchandise damaged during shipping and your request will be reviewed on a case by case basis. We may refuse to return or exchange any damaged merchandise in our sole discretion.
Termination/Cancellation By Limited Run. We have the right, in our sole discretion, to refuse or cancel orders or terminate Accounts at any time.
By the purchaser. All sales are considered final. We may, in our discretion, allow cancellation of an order prior to shipment, but we are not required to do so.
Holds. We may hold an order for any reason at any time in its sole discretion. International purchasers may desire to hold an order in order to save on shipping costs. We may provide a hold service on a limited basis. Information on our hold services can be found here.
Combinations. We may combine orders from the same Acccount into fewer shipments in our sole discretion. You may request orders be combine as described in our FAQ, here.
Payment Methods. The Service accepts payments through most major credit cards and some debit cards. We use a third party payment processor, Shopify, to process all transactions and we do not collect or store your financial information. We may add or remove acceptable payment methods at any time. Not all accepted payment methods will be valid for all transactions. When you provide a payment method to the Service, you confirm that you are permitted to use that payment method. By submitting an order through the Service, you authorize us, through our designated agent or payment processor, to charge the full amount to the payment method you designate. You also authorize us to collect and store that payment method and related transaction information. You alone are responsible for overdraft or other fees from your bank.
Taxes. You are responsible for ensuring applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase are paid. The Service may collect sales tax for certain U.S. jurisdictions. However, no warranty or representation is made that the amount of such collection is sufficient or complete. If you do not pay sales or other taxes or fees on a transaction, or if the amount you paid is later determined to be insufficient by the applicable authority, you will be responsible for payment of the taxes and fees determined payable on any purchase. We reserve the right to collect such taxes or other fees from you at any time.
Errors. We do not warrant that Products or descriptions, pricing, or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Service or at any point in the ordering, processing or delivering of a Product or otherwise, we reserve the right to correct the error and revise the order if necessary or to cancel the order and refund any amount charged. Your sole remedy in the event of any error is to cancel your order or obtain a refund consistent with these Terms of Sale.
Order Support. For questions about your order, contact our support team at limitedrungames.freshdesk.com.
Rewards. To the extent you participate in the Limited Run Rewards program offered by the Company (the “Rewards Program”) you additionally agree to the terms contained in this Section 3.11 and as may be otherwise posted on the Rewards Program website (collectively, the “Program Terms”).
Program Members acquire no vested right or entitlement to the continued availability of any particular reward, benefit, redemption level.
The Company may, in its sole discretion, restrict, suspend, amend, terminate, extend or otherwise alter the Rewards Program or the Program Terms at any time and without prior notice.
Account Closures. The Company may close an Account for any reason in its sole discretion and will close and Account if that Account is inactive for a period of one year. All points are reduced to zero when a Rewards Program Account is closed, regardless of the reason for Account closure.
Points. Points can be earned through the completion of Eligible Purchases, but only if accurate Program Member information is provided by the Program Member at the time of checkout. Points can be redeemed for rewards when a Program Member has accumulated sufficient points for such redemption as listed on the Rewards Program website. POINTS HAVE NO CASH VALUE AND ARE NOT EXCHANGEABLE FOR CASH. THE ACCUMULATION OF POINTS DOES NOT ENTITLE THE PROGRAM MEMBER TO ANY VESTED RIGHTS, AND THE COMPANY DOES NOT GUARANTEE THE CONTINUED AVAILABILITY OF ANY REWARD, REDEMPTION LEVEL, DISCOUNT, REBATE OR ANY OTHER BENEFIT, NOR TO CONTINUED POSSESSION OR REDEMPTION ABILITYN OF THE POINTS THEMSELVES. THE COMPANY ASSUMES NO LIABILITY TO MEMBERS AS REGARDS THE ADDITION OR DELETION OF ITEMS FROM OR FOR WHICH POINTS MAY BE COLLECTED OR REDEEMED. Points may not be transferred, exchanged, traded bartered, purchased, given, pledged, hypothecated or sold and are intended solely for the personal use of the Program Member.
Returns/Exchanges. In the event that an Eligible Purchase is returned or exchanged, the Company may automatically or manually deduct points previously earned based on the Eligible Purchase.
Feedback. If you give us suggestions about the Service, which we’ll call “Feedback”, you assign us all rights in that Feedback and agree that we can use and exploit it in any way we want. We will treat any Feedback you give us as non-confidential and non-proprietary. You agree that you will not give us any information or ideas that you consider confidential or proprietary.
Indemnification. You agree to indemnify and hold us (and our officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your purchase of any Product, (b) your use of the Service, (c) your violation of these Terms, or (d) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Third-Party Links & Ads
Third-Party Links & Ads. The Service may contain links to third-party websites and services or display advertisements for third parties. These “Third-Party Links & Ads” are not under our control, and we are not responsible for them. We might provide access to Third-Party Links & Ads as a convenience, but we don’t review, approve, endorse or make any promises or warranties with respect to them. You use Third-Party Links & Ads at your own risk. When you click on any Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should look into those policies in whatever depth you think appropriate before proceeding with any Third-Party Links & Ads.
Release. You release and discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service (including any interactions with, or act or omission of, other Service users or any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
THE SERVICE IS PROVIDED “AS-IS” AND “AS AVAILABLE.” WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Term and Termination. These Terms will remain in effect while you use the Service. We may suspend or terminate your rights to use the Service (including your Account) at any time for any reason at our sole discretion, including for any use of the Service in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Service will terminate immediately. We will not have any liability to you for any such termination of your rights. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 through 2.5, and Sections 3 through 10.
Changes. We might change these terms sometimes. If we make bigger changes, we might notify you by e-mail to the address we have on record for your account or by posting a notice on the Service. You are responsible for providing us with your most current e-mail address. If the e-mail address we have for you is not valid or the email doesn’t reach you for any reason, our dispatch of the e-mail containing the notice is still effective notice of the changes. Any changes to these Terms will be effective upon the earlier of 30 days after the e-mail notice 30 days after our posting of notice of the changes on the Service. Changes will be effective immediately for new users of the Service. Continued use of our Service following notice will indicate acknowledgement and agreement to be bound by the new terms and conditions.
Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes (except claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court must be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. All arbitration proceedings will be in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to the address listed in Section 10.8. If you and the Company do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration. Any dispute, claim or controversy arising under or relating to these Terms and not resolved must be settled by binding arbitration in Wake County, North Carolina, in accordance with the commercial arbitration rules of Judicial Arbitration and Mediation Services (“JAMS”). The arbitrator will issue a written decision specifying the basis for the award made. The party filing a claim or counterclaim in the arbitration proceeding will pay deposit(s) determined by JAMS with respect to the claim or counterclaim. All other costs imposed by JAMS will be paid as determined by the arbitrator and, in absence of a determination, equally by each party. Unless the arbitrator awards payment of attorney and other fees to a party, each party to the arbitration will be responsible for its own fees incurred in connection with the arbitration. Determinations of the arbitrator will be final and binding upon the parties to the arbitration, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be. The arbitrator shall apply the substantive law of the State of North Carolina, without giving effect to its conflict of laws rules.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Confidentiality. All aspects of the arbitration proceeding, including the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Wake County, North Carolina, for such purpose.
Electronic Communications. You consent to receive communications from us in an electronic form. You agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that the communication would satisfy if it were a hard copy. This does not affect any non-waivable rights.
Entire Terms. These Terms are the entire agreement between you and us regarding the use of the Service. Our failure to exercise or enforce any right or provision of these Terms is not a waiver of the right or provision. Section titles in these Terms are for convenience only and have no legal effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
Copyright/Trademark Information. Copyright © 2017 Limited Run Games, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Limited Run Games, Inc.
3402 Apex Peakway,
Apex, North Carolina 27502