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Terms of Service
IgroShop, LLC SUBSCRIBER AGREEMENT
General Terms and Conditions
Effective May 25, 2018
The following terms and conditions govern the use of IgroShop, LLC (hereinafter IgroShop") services, including the online services available at www.igroshop.com and www.igroshop.ru (collectively the "Services") and the products, services or information made available therein (hereinafter the "Products") by the person(s), entity, agency, organization, individual or company (hereinafter the "Subscriber(s)") accessing the Services:
1. LICENSE; RESTRICTION ON USE
1.1. The Subscriber is granted a limited license to access and use the Services. This license includes the right to search, access, retrieve, print or store insubstantial portions of the information in the Services for the Subscriber's personal use, to the extent permitted by applicable copyright law and not further limited or prohibited by these terms or any Additional Terms;
1.2. Except as specifically provided in Section 1.1, the Subscriber is prohibited from downloading, storing, reproducing, transmitting, displaying, copying, distributing or using the Products or Services, except for the Subscriber's personal use in connection with the purchase of the Products herein.
1.3. All rights, titles and interests (including all copyrights and other intellectual property rights) in the Services and Products belongs to IgroShop or its third party suppliers of the Products. The Subscriber acquires no proprietary interests in the Services, Products or copies thereof.
1.4. Except as specifically provided herein, the Subscriber may not use the Services or Products in any fashion that infringes the copyrights or proprietary interests therein. The Subscriber may not tamper with, alter or change any Products or information from the Products or Services.
1.5. The Subscriber may not use the Products or any information included therein, in direct violation of or in contradiction with any terms or conditions of use or license granted by any supplier, manufacturer or other third party of the Products.
2. USE OF SERVICES
2.1. The Products may be added, withdrawn, changed or restricted from the Services without notice. IgroShop is not responsible for the unavailability of any Products purchased by the Subscriber or the content or usability of the Products.
2.2. The Subscriber shall incur charges for purchases of the Products accessed through the Services. Such charges may include, but not be limited to, a transactional purchase fee for each item from the Products, taxes, shipping and handling costs. Such charges or fees may be assessed in accordance with the prices listed on the Services for any Products made available by IgroShop.
2.3. The Subscriber shall be responsible for and shall pay all charges and fees, as described in Section 2.2 herein, ("Fees") associated with the purchase of the Products.
2.3.1. IgroShop Services are not intended for use by children, especially those under 13 (16 years for European Union citizens).
2.4. The Subscriber authorizes IgroShop to charge all Fees directly to the credit card (as is provided to IgroShop by the Subscriber), as they are incurred or become due.
2.5. The Subscriber authorizes IgroShop to access any Products purchased by Subscriber prior to shipping or delivering such Products to the Subscriber. This authorization includes the right to access the CD-Key or other licensed codes.
2.6. The Subscriber acknowledges that it has read any product descriptions, shipping methods, costs or pricing prior to purchasing such items from the Products. The Subscriber acknowledges that it is the Subscriber's duty to access any third party website in order to obtain complete and accurate information about the Products.
2.7. Upon purchasing a Product, the Subscriber may request, in lieu of shipping the complete package with this Product, that IgroShop provide the Subscriber, via email or other such methods, with required codes, keys or other items necessary to access or operate an item purchased. In such instance, the Subscriber hereby expressly authorizes IgroShop to access such item from the Product by any means required, including opening any seal. carton and the like.
2.8. IgroShop shall not be responsible for any delays in the shipping, delivery or receipt of any Products, whether such delays are caused by any mail or delivery service used by IgroShop, weather, force majeure circumstances such as flood, fire, earthquake and other natural disasters, as well as war or military actions, civil uprising, insurrection or the like, and restrictions on exports or imports.
3. LIMITED WARRANTY
3.1. The Subscriber acknowledges that IgroShop does not create or maintain the Products or information therein and that IgroShop is not responsible for the content or accuracy of such Products or information therein.
3.2. THE SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND IGROSHOP AND EACH THIRD PARTY SUPPLIER OF THE PRODUCTS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
4. LIMITATION OF LIABILITY
4.1. A Covered Party shall not be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from (a) errors in or omissions from the Services or Products available or not included therein, (b) the unavailability or interruption of the Services or Products, (c) use of the Services or Products (regardless of whether the Subscriber received any assistance from any Covered Party in using the Services or Products), (d) the Subscriber's use of any equipment in connection with the Services, (e) the content of the Products, (f) any delay or failure in performance beyond the reasonable control of a Covered Party, (g) the use of the Products by an authorized individual, Subscriber, authorized user or other third parties.
4.2. "Covered Party" or "Covered Parties" shall mean and include:
(a) the provider of the Services (IgroShop), its affiliates and any owner, officer, director, employee, subcontractor, agent, successor or assign of the provider of the Services or its affiliates; and (b) each third party supplier of Products, their affiliates and any owner, officer, director, employee, subcontractor, agent, successor or assign of any third party supplier of Products or any of their affiliates.
4.3. THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY OTHER CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR PRODUCTS SHALL NOT EXCEED THE AMOUNT OF THE SUBSCRIBER'S ACTUAL DIRECT DAMAGES. THE SUBSCRIBER'S RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES THAT IT MAY HAVE AGAINST ANY COVERED PARTY.
4.4. THE COVERED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH THE SERVICES, PRODUCTS OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY.
4.5. The Subscriber agrees to indemnify, defend and hold harmless the Covered Parties from and against any and all claims, liabilities, judgments, penalties, losses, costs, damages and expenses, including reasonable attorneys' fees, of whatsoever kind or nature, arising by reason of or in connection with any act under or in violation of this Agreement, any third party agreement, license or by virtue of the Subscriber's, or any third party's use of the Products or any item obtained therefrom or through the use of the Services, either directly or indirectly.
5.1. These General Terms and Conditions, including the pricing, charges, Products and payment terms, may be changed from time to time by IgroShop. The Subscriber's subscription for access to the Services may be terminated immediately upon notice to the provider if any change is unacceptable. Continued use of the Services following any change constitutes acceptance of the change.
5.2. The Subscriber may terminate the subscription for access to the Services at any time by providing written notice of its intent to terminate its access to the Services. The provider of the Services may suspend, disrupt, terminate or discontinue providing the Services or Products to Subscriber with or without notice.
5.3. Except as otherwise provided herein, all notices and other communications hereunder may be in writing or displayed electronically in the Services by the provider thereof.
5.4. The failure of the provider of the Services or any third party supplier of the Products to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later date.
5.5. The Subscriber or subscribing organization may not assign its rights or delegate its duties under this subscription to access the Services without the prior written consent of the provider of the Services.
5.6. These General Terms and Conditions and the Additional Terms shall be governed by and construed in accordance with the laws of the State of Ohio.
5.7. Each third party supplier of Products has the right to assert and enforce these provisions directly on its own behalf as a third party beneficiary.
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