These terms of service (“agreement”) are a legal agreement between YOU (“You”, “Your”, or “Customer”) and Adventure Chest Inc. (“We” or “Adventure Chest”), the owner and operator of this website (“Site” or “Website”) MineChest.com. This agreement states the Terms of Service that govern your use of the site, and your purchase of subscriptions and products (“Mine Chest”) sold on this site. By accessing and using the site, you are indicating that you accept, and agree to comply with, this agreement. If you do not accept this agreement, you are not permitted to, and you must not, access or use the site or purchase products or subscriptions from the site.
By signing up for a Subscription (as defined below), you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to enter into this legal Agreement. If you are a parent or legal guardian who is registering for a child, you hereby agree to bind your child to this Agreement and to fully indemnify, release and hold harmless Adventure Chest if your child breaches or disaffirms any term or condition of this Agreement.
We grant you a personal, limited, non-transferable, non-exclusive license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and subscriptions available on the Site and to change, suspend or discontinue any aspect of the Site or the Service and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.
Adventure Chest may deliver notices to you by means of e-mail, a general notice on this Site, or by another reliable method.
Adventure Chest may assign its rights and duties under this Agreement to any party at any time without notice to you.
ACCEPTANCE OF TERMS
By using our site or subscribing to our subscription services, you indicate your unconditional acceptance of the following Terms of Service. Please read them carefully, as they may have changed since your last visit. Adventure Chest reserves the right to change these terms & conditions of use at any time without notice by updating this page. You are encouraged to review these Terms each time you use the Site because your use of the Site after the posting of changes will constitute your acceptance of the changes without limitation or qualification. You may not use any portion of the site if you do not agree with all of the terms set forth below.
Price information found on this site is subject to change without notice.
SCOPE OF SERVICE
Adventure Chest maintains this Website as a service to the user community that visits the Website subject to these Terms of Service. You are responsible for obtaining any equipment and Internet service necessary to access our Website and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue this Website or the Services in whole or in part, at any time and for any reason, without notice. The Website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
USE OF THE SITE
You may use the Site only for your own non-commercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information to the Site and are responsible for the consequences of such communications. Any other use of the Site requires the prior written consent of Adventure Chest. You may not otherwise copy, modify, or distribute the contents of this Site without the express written permission of Adventure Chest. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Site, in whole or in part.
We require all subscribers to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes:
Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity;
Posting any information which is untrue, inaccurate or not your own;
Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation;
Attempting to interfere in any way with the Site’s network security, or attempting to use the Site or service to gain unauthorized access to any other computer system; and
Using the Site to drop ship merchandise to third parties
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user’s use of the Site, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site to any third party without our prior written consent.
CONTRIBUTED CONTENT GUIDELINES
Adventure Chest values your engagement. When contributing content, please consider the following guidelines:
By submitting or posting any materials or content on the Site or Social Media, you grant Adventure Chest a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Adventure Chest the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Adventure Chest will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
All contributed content is subject to the terms set forth below and in our standard Terms of Service, which include our policy regarding copyright infringement;
We reserve the right not to post your content if it contains any of the following types of content or violates other guidelines. By way of example, and not as a limitation, you agree that when contributing content, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Use obscenities, discriminatory language, or other language not suitable for a public forum;
Post advertisements, “spam” content, or references to other products, offers, or websites;
Post email addresses, URLs, phone numbers, physical addresses or other forms of contact information;
Post unduly critical or spiteful comments of other content posted on the page or its authors;
Post files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have expressly received all necessary consents;
Post files or content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity;
In addition, if you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please do not submit this feedback through a content submission channel. Instead, contact us directly via the support channels listed on the Site.
REGISTRATION: MEMBERSHIP AND PASSWORDS
As a registered subscriber of Mine Chest, you agree to receive emails promoting any special offer(s), including third party offers. We may from time to time send you our newsletter. You may opt-out from receiving special promotions or our newsletter by selecting to unsubscribe using the link provided in the applicable e-mail correspondence.
We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms and Adventure Chest has no obligation to investigate the authorization or source of any such access or use of the Site.
In order to access certain services on the Site, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity.
You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of the this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Mine Chest of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
ADDITIONAL TERMS OF SERVICE
You agree that additional Terms of Service may apply to specific products, promotions, orders or your use of certain portions of the Site, including with respect to ordering, shipping and return policies, review guidelines (“Additional Terms”), which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.
SITE NOT FOR MINORS
As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
THE SUBSCRIPTION / CONTRACT BETWEEN YOU AND US
Mine Chest offers different subscription types from time to time. These may include but are not limited to: monthly subscriptions(“Monthly Subscription”); prepaid 3 month subscriptions (“3 Month Subscriptions”); prepaid 6 month subscriptions (“6 Month Subscriptions”); prepaid 12 month subscriptions (“12 Month Subscriptions”).
YOUR SUBSCRIPTION CONTRACT
By purchasing any subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive periods, at the then-current subscription rate.
All subscriptions are billed initially on the day you subscribe and cover your prepaid subscription duration at a minimum. Subscriptions rebill at the end of your initial subscription period on the first of that month. Adventure Chest may submit renewal charges without further authorization from you, until you provide notice that you have terminated this authorization or wish to change the current payment method.
PREPAID 3 MONTH SUBSCRIPTIONS:
By purchasing a 3 Month Subscription, you acknowledge that your subscription has an initial pre-payment feature for 3 months of service. At the end of the 3 months, your subscription will be automatically extended for another term of 3 months and your payment method will automatically be charged at the then-current subscription rate for that duration. If you cancel your subscription mid-term you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period and you will continue receiving your Mine Chest every month until the end of the term.
PREPAID 6 MONTH SUBSCRIPTIONS:
By purchasing a 6 Month Subscription, you acknowledge that your subscription has an initial pre-payment feature for 6 months of service. At the end of the 6 months, your subscription will be automatically extended for another term of 6 months and your payment method will automatically be charged at the then-current subscription rate for that duration. If you cancel your subscription mid-term you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period and you will continue receiving your Mine Chest every month until the end of the term.
PREPAID 12 MONTH SUBSCRIPTIONS:
By purchasing a 12 Month Subscription, you acknowledge that your subscription has an initial pre-payment feature for 12 months of service. At the end of the 12 months, your subscription will be automatically extended for another term of 12 months and your payment method will automatically be charged at the then-current subscription rate for that duration. If you cancel your subscription mid-term you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period and you will continue receiving your Mine Chest every month until the end of the term.
As a Mine Chest subscriber, each month we will ship you a Mine Chest with a different selection of officially licensed Minecraft items (“Products”). Each month of your subscription, the selection of Products may change. Accordingly, Mine Chest cannot guarantee that a selection available in a particular timeframe will be available in any subsequent timeframe.
BY SUBSCRIBING YOU AGREE TO PAY THE RECURRING SUBSCRIPTION FEE FOR THE CURATED PRODUCTS THAT ARE SUPPLIED EACH MONTH OR for any replacement product that may be substituted should there be product delivery, quality, or quantity issues beyond our control.
PRODUCT INFORMATION; LIMITATION ON QUANTITIES
Excluding any content that may be submitted by Members from time to time, we strive to ensure that the information on the Site itself is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on our Site will be available.
In the event that a full Mine Chest or any product inside the chest is damaged, or in need of being replaced, Adventure Chest is authorized to replace the Mine Chest, or the item with a similar item as quantities cannot be guaranteed. This is handled at Adventure Chest’s discretion.
BILLING AND PAYMENTS
As a subscriber, you agree to the following Benefits and Terms:
You must provide us and keep us up to date with accurate contact and payment information, including name, shipping address, and credit or debit card number. You will automatically be charged each term for your ongoing subscription. For your convenience and continuous subscription benefits as a member, if your payment method reaches its expiration date and you do not edit your credit card information or cancel your account, you authorize us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to proactively update your payment method information or cancel your account should you wish to discontinue your subscription. A credit card failing to process does not cancel your subscription or terminate this agreement.
We save your payment information for ease of future shipments and charges. You are responsible for any fees or charges your issuing bank or credit card provider may charge you. If your payment to us is returned for any reason, we may bill your account again directly and seek payment by another method including a mailed statement. Any account changes made after the 15th of each month should not be expected to reflect on the subscription until the following shipping period.
We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant Adventure Chest the right to store and process your information with the third party payment service, which it may change from time to time; you agree that Adventure Chest will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider’s terms of service; the current version is here: https://stripe.com/us/terms. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology at our discretion.
We work hard to make your subscription satisfying; however, you may cancel your ongoing subscription through the account page on the Website. You must update your account on the Website before the first day of the month that your subscription is set to renew to cancel your subscription. IF YOU DO NOT CANCEL PRIOR TO THE FIRST DAY OF THE MONTH THAT YOUR SUBSCRIPTION IS SET TO RENEW, YOU WILL BE CHARGED FOR THAT TERMS SHIPMENT OF PRODUCTS TO YOU. All cancellation requests received after the first day of the month that your subscription is set to renew will apply to the following term.
You will not be eligible for a prorated refund of any portion of the subscription period.
We may terminate your subscription, without notice, for conduct we believe violates these Terms of Service or our policies, is harmful to our business interests, or for an inactive account.
SHIPPING AND RISK OF LOSS
Unless otherwise indicated at the time of your purchase, shipping and handling fees are included with your order. Shipping dates and/or arrival times are only estimates. For loss/damage claims, you must notify Adventure Chest within 30 days of the date of receipt of your shipping tracking notification if you believe all or part of your order is missing or damaged.
Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. Repeated claims of undelivered merchandise may result in the cancellation of your subscription.
Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
Domestic orders: Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet are taxable.
INTERNATIONAL ORDERS: For orders shipped outside of U.S.: local taxes, Duties, and VAT may be required to pick up your package.
Refunds will not be given for packages returned due to refusal to pay these fees.
We control and operate the Site from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. All pricing is in United State dollars.
LIMITATION OF LIABILITY
In no event shall Adventure Chest or its officers, directors, employees or affiliates be liable to any user of this website or any other person or entities for any direct, indirect, special, incidental, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, loss of use, or costs of obtaining substitute goods or services) arising out of the use, inability to use, unauthorized access to or use or misuse of the products or the website or any information contained thereon, whether based upon warranty, contract, tort, (including negligence), or otherwise, even if advised of the possibility of such damages or losses.
You agree that Adventure Chest’s total cumulative liability in connection with these Terms of Service, the website, the content, or any products or services whether in contract, tort, or otherwise, shall not exceed the amount you paid Adventure Chest in the then prior term.
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, all of the above disclaimers or exclusions may not apply to all users.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Adventure Chest shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Adventure Chest shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Adventure Chest shall immediately issue a credit to your credit card account in the amount of the charge.
Adventure Chest has no liability for injury or damage caused by products within Mine Chest. All liability is the sole responsibility of the brand or manufacturer of the product that caused the the injury or damage.
These Terms are applicable to you upon your accessing the Site. These Terms, or any part of them, may be modified or terminated by Adventure Chest without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous, shall in all events survive any termination of these Terms and your use of the Site.
By using this Website, our Services, or supplied Products, you agree to indemnify, hold harmless and defend Adventure Chest, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with use of this Website, Services, or Products by you or any other person accessing the Website using your member login account.
CONTENT SUBMITTED BY USERS
Liability: We are not responsible or liable for the conduct of users or for any views, opinions and statements expressed in Content submitted for public display through our Website, such as through an online discussion forum or chat room. We do not prescreen information posted to online discussion forums or chat rooms, if any. With respect to such forums and chat rooms, we are acting as a passive conduit for such distribution and are not responsible for Content. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by users of an online discussion forum or chat room are those of the respective author(s) or distributor(s) and not of Adventure Chest. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content. You are responsible for ensuring that Content submitted to this Website is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of Content to this Website.
Monitoring: We have the right, but not the obligation, to monitor Content submitted to our Website through an online discussion forum or chat room, to determine compliance with these Terms of Service and any other applicable rules that we may establish. We have the right in our sole discretion to edit or remove any material submitted to or posted in any online discussion forum or chat room provided through this Website. Without limiting the foregoing, we have the right to remove any material that Adventure Chest, in its sole discretion, finds to be in violation of these Terms of Service or otherwise objectionable, and you are solely responsible for the Content that you post to this Website.
Lobbying: Federal law restricts lobbying activities by tax-exempt organizations. “Lobbying” includes certain activities intended to influence legislation. Content posted by users does not constitute lobbying by Adventure Chest, but may constitute lobbying by you or an organization that you represent. You are responsible for complying with any applicable lobbying restrictions.
By accessing our Website or any chat room, online discussion forum, or other service provided through our Website, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use our Website or any related chat room or online discussion forum to:
Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Adventure Chest.
Use a name or language that Adventure Chest, in its sole discretion, deems offensive.
Post defamatory statements.
Post hateful or racially or ethnically objectionable Content.
Post Content which infringes another’s copyright, trademark or trade secret.
Post unsolicited advertising or unlawfully promote products or services.
Harass, threaten or intentionally embarrass or cause distress to another person or entity.
Impersonate another person.
Promote, solicit, or participate in any multi-level marketing or pyramid schemes.
Exploit children under 18 years of age.
Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum.
Introduce viruses, worms, Trojan horses and/or harmful code to the Website.
Obtain unauthorized access to any computer system through the Website.
Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age).
Solicit personal information from children under 13 years of age.
Violate any federal, state, local, or international law or regulation.
Encourage conduct that would constitute a criminal or civil offense.
Adventure Chest does not claim ownership of any materials you make available through the Website. With respect to any materials you submit or make available for inclusion on the Website, you grant Adventure Chest a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Adventure Chest the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Adventure Chest will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
Adventure Chest services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities, subscribers and purchasers.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise noted, all Content contained on this Website is the property of Adventure Chest and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.
We do not claim ownership of Content submitted by users without compensation by Adventure Chest and with the expectation that such Content will be made publicly accessible through our Website. By submitting such Content, however, you agree to grant us a world-wide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such Content. This license shall remain in effect until we delete the Content from our systems.
COPYRIGHT INFRINGEMENT; NOTICE AND TAKE DOWN PROCEDURES
If you believe that any materials on this Website infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its Website location or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that “under penalty of perjury,” you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf. Please contact us online via our support channels.
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users of this Website who are repeat infringers.
When you register to participate in Adventure Chest services on this Website, you may be required to establish a login identifier and a password. You are responsible for protecting your login and password from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.
DISCLAIMER OF WARRANTY
YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE PRODUCTS ARE SUITABLE FOR THE RECIPIENT.
Under no circumstances will we be liable for any loss or damage caused by your use of the Products or your reliance on information in any Content on this Website.
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY ARISING FROM OR RELATING IN ANY WAY TO ANY PRODUCT SHALL BE ITS REPLACEMENT.
YOU MUST RETURN DEFECTIVE PRODUCTS WITHIN THIRTY (30) DAYS OF DELIVERY AND AFTER CONTACTING CUSTOMER SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL PRODUCTS SUPPLIED, AND ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, ADVENTURE CHEST DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (ii) THE PRODUCTS OR SERVICES ARE NOT DEFECTIVE; (iii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iv) DEFECTS WILL BE CORRECTED, OR (v) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly some of the above limitations may not apply to you.
LINKS TO THIRD-PARTY WEBSITES
This Website may contain links to third party Websites that are provided to you as a convenience. Any outside Website accessed from our Website is independent from Adventure Chest, and we have no control over the content of such Websites. We are not responsible for the content of any linked Website or for any loss or damage incurred in connection with your use such links or dealings with the operators of such third party Websites.
NO IMPLIED ENDORSEMENTS
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Adventure Chest of that third party or of any product or service provided by a third party. Likewise, a link to any third party Website does not imply that we endorse or accept any responsibility for the content or use of such a Website. Adventure Chest does not endorse, warrant or guarantee any product or service offered by any third party through an online discussion forum or chat room accessible through this Website and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.
We make no representation that information on this Website, or the Products or Services we provide, are appropriate or available for use outside the United States. Those who choose to access this Website from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.
We may terminate any user’s monthly subscription or access to our Website or Services, including access to any online discussion forum or chat room, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these Terms of Service, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Website or Services.
If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
The failure of Adventure Chest to partially or fully exercise any rights or the waiver of Adventure Chest of any breach of these Terms of Service by you shall not prevent a subsequent exercise of such right by Adventure Chest or be deemed a waiver by Adventure Chest of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Adventure Chest under these Terms and any other applicable agreement between you and Adventure Chest shall be cumulative, and the exercise of any such right or remedy shall not limit Adventure Chest’s right to exercise any other right or remedy.
The laws of the State of California shall govern these Terms without regard to conflict of laws provisions.
Any dispute relating in any way to your visit to, or use of, the Site, or to the products you purchase through the Site (including a subscription), or to your relationship to Adventure Chest shall be submitted to confidential arbitration in Los Angeles, CA; provided, however, that to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenient with respect to, venue and jurisdiction in the state and federal courts of California. Arbitration under these Terms will be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award will be final and binding and may be entered into as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to this Terms, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of this Site or these Terms must be filed within one (1) year after such claim of action arose or be forever banned.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.
YOU AND ADVENTURE CHEST AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Adventure Chest agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
These Terms of Service constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.
FOR ADDITIONAL INFORMATION
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