Agreement between user and www.limtergames.com
Welcome to www.limitergmaes.com. The www.limitergames.com website including all subpages and successor pages (collectively, the “Site”) is comprised of various web pages operated by Limiter Games, Inc. (“Limiter Games”) and the Limiter Games Subscription Rental Service and other services offered by Limiter Games (the "Service") are owned and operated by Limiter Games, Inc. and/or one of its subsidiaries including (hereinafter referred to as “Limiter Games”, “we”, or “us”). The Website, and the Service are collectively and individually referred to as the "Limiter Games Site and Services."
www.limitergames.com is offered to you conditioned on your acceptance without modifications of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.limitergames.com constitutes your agreement to all such terms. Please read these terms carefully, and keep a copy of them for your reference.
www.limitergames.com is an E-Commerce Site
Limiter Games offers customers many different features. It offers customers the capability to rent video games at a monthly cost, as well as purchasing products such as, video games, clothing apparel, and stickers with the Limiter Games logo and Accessories. Limiter Games also provides a point system (known as “Limiter Points). Points can also be purchased from the store; this purchase will not include membership discounts or coupons. Limiter Games offers a trade in system where members can trade in their old games and get points (“Limiter Points”) added to their account.
Visiting www.limitergames.com or sending emails to Limiter Games constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Limiter Games is not responsible for third party access to your account that results from theft or misappropriation of your account. Limiter Games and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Limiter Games does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.limitergames.com only with permission and supervision of a parent or guardian.
You may cancel your subscription at anytime. Any cancellations made during a prepaid service does not constitute in a prorated refund. All cancellations are subject to 7 days of service until all products are returned to Limiter Games and the video games are tested for functionality. If products are not returned within a 7 days of cancellation the service will be reactivated and if it starts a new billing cycle, the credit card on file will be charged.
No unlawful or prohibited use/Intellectual property
All contend included as part of the Service, such as text, graphics, logos, images, as well as the complications thereof, and any software used on the Site, is the property of Limiter Games or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all the copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes therto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Limiter Games content is not for resale. Your use of the Site does not entitle you to make any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Limiter Games and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Limiter Games or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your Limiter Games account to third party accounts. By connecting your Limiter Games account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.
You agree to indemnify, defend and hold harmless Limiter Games, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or violation of any applicable laws, rules or regulations. Limiter Games reserves the right at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Limiter Games in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN, LIMITER GAMES, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
LIMITER GAMES, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. LIMITER GAMES, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limiter Games reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Limiter Games as a result of this agreement or use of the Site. Limiter Games’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Limiter Games’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Limiter Games with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Limiter Games with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Limiter Games with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Limiter Games reserves the right, in its sole discretion, to change the Terms under which www.limitergames.com is offered. The most current version of the Terms will supersede all previous versions. Limiter Games encourages you to periodically review the Terms to stay informed of our updates.
Limiter Games welcomes your questions or comments regarding the Terms:
Limiter Games, Inc
8537 NW 47th Street
Coral Springs, FL 33067
Effective as of June 24, 2020
Limiter Games Inc. All rights reserved.