Last Modified on January 1st, 2017
PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IF YOU LIVE IN THE UNITED STATES, THIS SECTION AFFECTS YOUR RIGHTS ABOUT RESOLVING DISPUTES THAT YOU MAY HAVE WITH US.
PLEASE READ IT CAREFULLY.
We will try to provide you with notice of any change to these Terms, through a notice on the Service. Any change will only apply to your use of the Service on and after the date of the change. If you use or make a purchase through the Service, you also will be subject to any terms and conditions applicable to that product and service. If you do not agree with these Terms, you immediately should stop using the Service.
The Service is available only to people who are of legal age to form a binding contract, and in no event may the Service be used by a person under the age of 13 without consent from their parent or legal guardian.
The Service is owned, operated and maintained by Crytivo from the United States of America, and Crytivo does not represent or warrant that the Service is appropriate or available for use in any particular jurisdiction. You choose to access, view, or use the Service on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations.
Through the Service, we want to provide you with access to certain content and services relating to video games, digital goods, and other products, services, and subscriptions (the “Products”).
Crytivo hereby grants, and you accept, a non-exclusive, non-transferable, revocable, limited license and right, to use the Products that you purchase through the Service, solely for your personal, non-commercial use (unless that Product specifically allows commercial use in its own separate terms).
The following terms apply to this license:
Your use of the Service and any Products available through the Service requires a compatible computer, Internet access (fees may apply) and certain software (fees may apply). It may also require obtaining patches, updates, or upgrades from time to time.
Because your use of the Service involves hardware, software and Internet access (high speed Internet access is strongly recommended), your ability to use the Service may be affected by these factors. You are responsible for being aware of any system requirements of any product or service available through the Service, and for your ability to meet such requirements. These requirements may change from time to time.
Applicable system requirements at the time of purchase are usually found on the information page for that product or service, but may not be. It is your responsibility to learn the system requirements prior to purchasing any product or service through the Service.
If you are having difficulty downloading a product or encounter any other issues with the purchase, download or activation of a product or service, you should contact us at email@example.com.
To use some aspects of the Service (including purchasing Products), you may be required to have a user account (your “Account”).
You agree to immediately notify us of any unauthorized use of your Account, user name, or password. In addition, you agree that you will never use another user’s Account.
When you purchase Products through your Account, you may receive a notification within your Account that allows you to download that product. You agree not to, directly or indirectly, share your Account’s downloads with anyone else or use anyone else’s Account to download products and services.
You may not share or transfer your Account or password, or any other access information, with any other party, either temporarily or permanently. You will be solely responsible for all use of your Account and for the confidentiality of your password. You represent that all information submitted to create your Account is accurate and truthful. If you believe that your Account password or username is compromised, you agree to notify Crytivo immediately.
Crytivo will not be responsible for any losses arising out of the unauthorized use of your Account. Crytivo is not liable for any loss or damage caused by the unauthorized use of your Account. However, you may be liable for our losses or the losses of others due to such unauthorized use. Although we have confidence in our security policies, their effectiveness relies upon you following the rules of these Terms.
Again, you are solely and entirely responsible for all activities that occur on your Account.
We also reserve the right, in our sole discretion, to terminate your access to all or part of the Service or to any product or service available through the Service for any reason or no reason, with or without notice. In the event that we terminate access to all or part of the Service, your Account may be disabled, and you may not have access to your Account.
You may also request the termination and deletion of your Account by sending an email to firstname.lastname@example.org.
You should be aware that, if your Account is terminated, we may not be able to grant you access to any purchased Products or return your Products to you, and that you may not otherwise have access to your purchased Products or any screenshots, saved games, User Content (defined below) that are hosted on the Service, although residual copies of such information may remain in our system for back-up purposes and for compliance with legal reporting obligations.
The price that you will pay for any Products purchased through your Account will include the price of the product or service, plus any applicable sales, use, value added or other taxes that Crytivo is required to collect.
Crytivo may change the prices and availability of Products at any time. Crytivo does not offer, and is not obligated to give, any refunds, price protection, or price matching in the event of a price reduction after your purchase of any Products through the Service. If Crytivo does not charge you for any applicable taxes, you must pay to the applicable taxing authority any taxes that may be due as a result of your Product purchase.
The Service may use third-party payment processors. These payment processors may be indicated on the applicable Product purchase page.
You represent and warrant to us that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction. You agree to pay for all Products that you purchase through the Service, and you hereby authorize Crytivo to charge your chosen payment method for any Product purchased and for any additional amounts due with respect to your Account (including, without limitation, any applicable taxes and late fees).
Charges to your selected payment method will occur at the time of purchase. If a third-party payment processor is involved, you will be bound by that third party’s terms and conditions. Those terms are available on that third party’s website. Crytivo may change the payment methods offered at any time.
All information that you provide with a purchase or other transaction with the Service must be accurate, complete and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or other transaction with the Service, at the prices in effect when such charges are incurred.
Crytivo will make reasonable efforts to deliver Products to you upon purchase.
However, technical problems may delay, interrupt, or prevent the download or activation of the Product that you purchased through the Service. Your exclusive and sole remedy with respect to any Product that is not downloadable or able to be activated within a reasonable period will be limited to either:
Crytivo has no liability for issues encountered with downloading, activating, or using Products due to factors beyond Crytivo’s control, including, without limitation, your computer’s performance and the speed of your Internet connection.
Some Products may still be in development when you purchase them. You understand that Product release dates may be delayed and that release dates and times posted on the Service are only estimates. You will not be entitled to any refund for a delayed Product release date.
Our obligation to deliver any Product to you will be complete at the time and place you first receive the information necessary to commence download or activation of such Product. In all circumstances, it is your responsibility to ensure that the Product is correctly and completely installed on your computer or other device. Once a Product is purchased and you receive the Product, it is your responsibility to keep the Product from being misplaced, damaged, or destroyed, and Crytivo will have no liability to you in the event of any loss, damage, or destruction.
If you purchase a recurring subscription on the Service, you acknowledge that payments will be processed automatically (e.g., charged to your credit card or other payment method) until you cancel the subscription or the Account. Crytivo reserves the right to revise the pricing for the subscription Products offered through the Service at any time.
Notwithstanding any other provision of these Terms, Crytivo and its licensors reserve the right, without any liability to you, to change, suspend, remove, or disable access to any Products sold or made available through the Service at any time, without notice. You understand that nothing in these Terms entitles you to any future updates, versions, or enhancements to any Products (although Crytivo may offer such updates, versions, or enhancements at its sole discretion).
Crytivo Coins; Virtual Item Ownership
Purchases made on the Crytivo Store may be eligible for earning loyalty rewards, also known as Crytivo Coins. Crytivo Coins may be used for discounts on other purchases made on the Service, as well as for other uses. A more detailed description of the Crytivo Coins program is located at www.crytivo.com/crytivo-coins, which terms may be modified from time to time at Crytivo’s sole discretion.
Crytivo Coins, virtual goods, downloadable content, Product modifications, and virtual “tokens” or currency (collectively, “Virtual Items”) may be offered for purchase through the Service itself or through the Products, or may be earned through purchases on the Service. Your election to make a purchase with real currency will be an offer to Crytivo to purchase at the prices and on the terms set forth on the Service.
You agree that you have no right or title in or to any Virtual Items. Crytivo does not recognize any purported transfers of Virtual Items outside of the Service, or the purported sale, gift, or trade in the “real world” of anything that appears or originates in the Service or Products. Virtual Items that may be originally acquired by “farming” are subject to confiscation by Crytivo. You may not sell Virtual Items for “real” money, or exchange those Virtual Items for value outside of the Service. To be clear, Virtual Items have no real-world value and are licensed, not owned.
Under no circumstances will refunds be given for Virtual Items. In connection with Virtual Items, all sales are final when the transaction has been processed.
Assistance with Orders
For assistance with billing questions or other order inquiries, please email us at email@example.com.
All sales on the Service are final.
Certain restrictions apply to sales of Products that might not otherwise apply to physical goods. Crytivo does not offer refunds unless there is a defect in the Product itself that prevents you from using the Product. In such cases, the refund period will be limited to 60 days following your purchase.
Refunds will not be issued due to your dissatisfaction with the Product, or if your computer does not meet the minimum product or service requirements. Refunds will be issued solely at Crytivo’s discretion.
If you think you qualify for a refund, please email us at firstname.lastname@example.org.
The EU Right of Withdrawal does not apply to online digital content, once you have started downloading or streaming it. If you live in the EU and you have not yet begun downloading any purchased Products, please email us at email@example.com to request a refund.
Content on the Service
All content on the Service (except for User Content, as defined below), including, without limitation, art work, graphics, images, screen shots, text, music, digitally downloadable files, trademarks, service marks, trade dress, trade names, logos, product and character names, slogans and the compilation of any of the above (collectively, the “Crytivo Content”), is the property of Crytivo or its licensors and is protected in the United States and internationally under trademark, copyright and other intellectual property laws.
Crytivo assumes no responsibility regarding the accuracy of the Crytivo Content, and your use of the Crytivo Content is at your own risk. Crytivo provides no assurances that any reported inaccuracies in any Crytivo Content can or will be resolved. By furnishing the Crytivo Content, Crytivo does not grant any licenses to any copyrights, patents, trademarks, service marks, trade dress, trade names or any other intellectual property rights. You agree not to display or use any Crytivo Content in any manner that is likely to cause confusion among consumers, or that:
You further agree to in no other way misuse any Crytivo Content.
On certain areas of the Service, you may be allowed to chat with other users and submit texts, files, images, photos, videos, sounds, musical works, works of authorship, text postings, and other materials and content (collectively, “User Content”). Your posting of User Content is subject to these Terms and the following Posting Rules.
Users found in violation of the Posting Rules or these Terms may have their Accounts terminated or access restricted by Crytivo, at Crytivo’s sole discretion. You agree that Crytivo may delete any User Content at any time and for any reason, at its sole discretion.
You agree that you will not engage in any conduct or communications on the Service which:
You understand that, by using the Service, you may encounter User Content and Crytivo Content that may be deemed mature, offensive, indecent, or objectionable; that may or may not be identified as having explicit language or adult themes and that may be due to the content of a specific Product or your interactions with other users of the Service. You agree that you are using the Service at your sole risk, and that Crytivo will have no liability to you for any User Content or Crytivo Content that may be found to be mature, offensive, indecent, or objectionable.
If you believe that something on the Service violates these Posting Rules or otherwise violates these Terms, you may send an email to firstname.lastname@example.org.
After posting your User Content, you will continue to retain your ownership rights in that User Content, and you will continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described below (the “User Content License”).
By displaying, publishing, or otherwise posting any User Content on or through the Service, you hereby grant to Crytivo and its successors and assigns a perpetual, non-exclusive, worldwide, fully-paid, royalty free right and license to use, reproduce, distribute, make available, publicly display, publicly perform, transmit, host, broadcast and stream such User Content.
You represent and warrant to Crytivo that:
You agree to pay for all monies owing any person by reason of any User Content posted by you to the Service. Except for your User Content, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any User Content appearing on the Service.
If you provide us with any request, suggestion, or feedback regarding the functionality and performance of the Crytivo Services (including, without limitation, identifying potential errors and improvements), you hereby assign to Crytivo all right, title and interest in and to such request, suggestion or feedback, and Crytivo will have the right to use, implement, and modify such request, suggestion or feedback without any payment or restriction.
Notice to Copyright and Trademark Owners
If you are a copyright owner or their agent, and you believe that your copyright rights have been violated by any posting, submission or other content on the Service, you may submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the following information:
If you believe, in good faith, that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Crytivo a counter-notice. Counter-notices must meet the statutory requirements imposed by 17 USC § 512. They should be sent to Crytivo’s Copyright Agent.
Our Copyright Agent can be reached by email at email@example.com.
You agree to indemnify, defend, and hold harmless Crytivo and its affiliates, and their respective owners, directors, officers, managers, employees, agents, contractors, advertisers and partners, from any claim or demand, including, without limitation, reasonable attorney fees, that may be asserted or filed by any third party, arising out of or relating to:
Links to Other Services and Third-party Services
The Service may contain links to third-party websites. These links are provided as a convenience to you and not as an endorsement by us of such third-party websites. We are not responsible for the content of linked third-party websites and do not make any representations regarding the content or accuracy of the materials on those websites.
In addition, the products and services of third parties may be advertised or made available through the Service. Representations made regarding such products and services will be governed by the policies and representations made by such third parties. We will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.
EXCEPT AS OTHERWISE PROVIDED IN A WRITTEN AGREEMENT BETWEEN CRYTIVO AND YOU, YOU UNDERSTAND AND AGREE THAT:
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
EXCEPT AS OTHERWISE PROVIDED IN A WRITTEN AGREEMENT BETWEEN CRYTIVO AND YOU, YOU UNDERSTAND AND AGREE THAT CRYTIVO WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF CRYTIVO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, the liability of Crytivo and its affiliates will be limited to the fullest extent permitted by law in such states or jurisdictions.
These Terms will be governed by and construed in accordance with the laws of the State of California. The provisions of the U.N. Conventions on Contracts for the International Sale of Goods will not apply to these Terms.
Except as provided in the Binding Arbitration section below (and claims proceeding in any small claims court), you agree that any claim, legal proceeding, or litigation arising in connection with your use of the Service, your Account or any Products obtained through the Service will be brought exclusively in or near San Diego County, California, and you consent to the exclusive jurisdiction of the federal and state courts in or near San Diego County, California. You are responsible for compliance with all local laws if and to the extent local laws are applicable.
You and Crytivo agree that, except as provided in the Section labeled Exceptions to Arbitration below, all disputes, controversies, and claims related to this Agreement (each a “Claim”), will be exclusively resolved by binding arbitration. This arbitration may be initiated by either party by sending a written notice requesting arbitration to the other party.
Any election to arbitrate by one party will be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in this Agreement. In the event of a conflict between the terms set forth in this Binding Arbitration Section and the JAMS Rules, the terms in this Binding Arbitration Section will control.
Except as otherwise set forth below, you may seek any remedies available to you under federal, state, or local laws in an arbitration action. As part of the arbitration, both you and Crytivo will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of their decision, the award given, and the arbitrator’s findings on which their decision is based.
The determination of whether a Claim is subject to arbitration will be governed by the Federal Arbitration Act and determined by a court, rather than an arbitrator. Except as otherwise provided in this Agreement:
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND CRYTIVO WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration will be conducted in San Diego County, California, unless the Parties agree to video, phone, or internet connection appearances.
You and Crytivo agree that any arbitration will be limited to the Claim between Crytivo and you individually.
YOU AND CRYTIVO AGREE THAT
You and Crytivo agree that the following Claims are not subject to the above provisions concerning binding arbitration:
In addition, either Party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
The Party initiating arbitration will need to pay the JAMS arbitration initiation fee. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
You and Crytivo agree that if any portion of this Section is found illegal or unenforceable, that portion will be severed and the remainder of the Binding Arbitration Section will be given full force and effect.
These Terms constitute a legally binding agreement between you and Crytivo, and these Terms are accepted by you upon your use of the Service or your creation of your Account.