TERMS AND CONDITIONS
This website is operated by Dark Castle Games. The terms “we”, “us” and “our” which are used
throughout the site refer to Dark Castle Games. We offer this website, including all information,
tools and Services available from this site to you, the user, conditioned upon your acceptance of
all terms, conditions, policies and notices stated here.
By visiting our site and or purchasing from our site you are using our service and agree to be
bound by the following terms and conditions (“Terms of Service”, “Terms”), including those
additional terms and conditions and policies referenced on this page. These Terms of Service
apply to all users of the site, including but not limited to users who are browsers, vendors,
customers, merchants, and or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing
or using any part of the site, you agree to be bound by these Terms of Service. If you do not
agree to all the terms and conditions of this agreement, then you may not access the website or
use any Services.
Any new features or tools which are added to the current store shall also be subject to the
Terms of Service. You can review the most current version of the Terms of Service at any time
on this page. We reserve the right to update, change or replace any part of these Terms of
Service by posting updates and or changes to our website. You are responsible for checking this
page periodically for changes. Your continued use of or access to the website following the
posting of any changes means that you accept and agree to those changes.
Our store is hosted on WIX.com. They provide us with the online e-commerce platform that
allows us to sell our products and Services to you.
AGREEMENT TO THE TERMS OF SERVICE
By agreeing to these Terms of Service, you represent that you are at least the age of majority in
your state or province of residence, or that you are the age of majority in your state or province
of residence and you have given us your consent to allow any of your minor dependents to use
this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use
of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your
Services.
GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred
unencrypted and involve (a) transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service,
use of the Service, or access to the Service or any contact on the website through which the
Service is provided, without express written permission by Dark Castle Games.
The headings used in this agreement are included for convenience only and will not limit or
otherwise, affect these Terms.
ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or
current. We reserve the right to modify the contents of this site at any time, but we have no
obligation to update any information on our site. You agree that it is your responsibility to
monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service or any part of our service
without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
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PRODUCTS OR SERVICES
Certain products or Services may be available exclusively online through the website. These
products or Services may have limited quantities and are subject to return or exchange only
according to our Refund Policy
We reserve the right but are not obligated, to limit the sales of our products or Services to any
person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products or Services that we offer. All
descriptions of products or product pricing are subject to change at any time without notice, at
our own discretion. We reserve the right to discontinue any product at any time. Any offer for
any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material
purchased or obtained by you will meet your expectations, or that any errors in the Service will
be corrected.
BILLING AND ACCOUNT INFORMATION ACCURACY
We reserve the right to refuse any order you place with us. We may, at our own discretion, limit
or cancel quantities purchased per person, per household, or per order. These restrictions may
include orders placed by or under the same customer account, the same credit card, and/or
orders that use the same billing and/or shipping address. In the event that we make a change to
or cancel an order, we will attempt to notify you by contacting the e‑mail and/or billing
address/phone number provided at the time the order was made. We reserve the right to limit
or prohibit orders that, in our own judgment, appear to be placed by dealers, resellers or
distributors.
You agree to provide current, complete, and accurate purchase and account information for all
purchases made on our website. You agree to promptly update your account and other
information, including your email address and credit card numbers, and expiration dates, so that
we can complete your transactions and contact you as needed.
Please review our Refund Policy for details.
We may provide you with access to third-party tools over which we neither monitor nor have
any control or input.
You acknowledge and agree that we provide access to such tools that may be available without
any warranties, representations, or conditions of any kind and without any endorsement. We
shall have no liability relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and
discretion and you should be sure you are familiar with and approve of the terms on which
tools are provided by the relevant third-party provider(s).
We may also offer new Services and or features through the website in the future. The new
features and or services will also be subject to these Terms of Service.
THIRD-PARTY LINKS
Certain content, products, and Services available via our Service may include materials from
third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy. We do not warrant and do not have liability or responsibility for any third-party materials, websites, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services,
resources, content, or any other transactions made in connection with any third party or their
websites. Please review carefully the third-party's policies and practices and understand them before you engage in any transaction. Please contact the third parties for any complaints,
claims, concerns, or questions regarding their products.
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions without a request from us, you send
creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by
postal mail, or other types of comments, you agree that Dark Castle Games, at any time,
without restriction may edit, copy, publish, distribute, translate and use in any manner necessary
any comments that you forward to us. We are not obligated (1) to maintain any comments in
confidence; (2) to pay any compensation for comments or others mentioned above; or (3) to
respond to any comments.
We have no obligation to but may monitor, edit or remove content that we determine in our
discretion to be unlawful, offensive, threatening, defamatory, pornographic, obscene,
objectionable in any way or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright,
trademark, privacy, personality, or another personal or proprietary right. You further agree that
your comments will not contain unlawful, abusive, or obscene material, or contain any
computer virus or other malware that could in any way affect the operation of the service or
any related website. You may not use a false e‑mail address, pretend to be someone other
than yourself, or otherwise mislead us or third parties for comments. You are responsible for
any comments you make and their accuracy of them. We take no responsibility and assume no
liability for any comments posted by you or any third party.
PERSONAL INFORMATION
Your personal information, its uses, and protection are explained here: Privacy Policy
ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical
errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions,
offers, product shipping charges, transit times, and availability. We reserve the right to correct
any errors, inaccuracies, or omissions, and to change or update information or cancel orders if
any information in the Service or on any related website is inaccurate at any time without prior
notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any
related website, including without limitation, pricing information, except as required by law. No
specified update or refresh date applied in the Service or on any related website should be
taken to indicate that all information in the Service or on any related website has been
modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from
using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or
participate in any unlawful acts; (c) to violate any international, federal, provincial or state
regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual
property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm,
defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation,
religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading
information; (g) to upload or transmit viruses or any other type of malicious code that will or
may be used in any way that will affect the functionality or operation of the Service or of any
related website, other websites, or the Internet; (h) to collect or track the personal information
of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or
immoral purpose; or (k) to interfere with or circumvent the security features of the Service or
any related website, other websites, or the Internet. We reserve the right to terminate your use
of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted,
timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The
Service and all products and Services delivered to you through the Service are (except as
expressly stated by us) provided & as available; for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Dark Castle Games, our directors, officers, employees, affiliates, agents,
contractors, interns, suppliers, Service providers, or licensors be liable for any injury, loss, claim,
or any direct, indirect, incidental, punitive, special, or consequential damages of any kind,
including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement
costs, or any similar damages, whether based on contract, tort (including negligence), strict
liability or otherwise, arising from your use of any of the Services or any products procured using
the Service, or for any other claim related in any way to your use of the Service or any product,
including, but not limited to, any errors or omissions in any content, or any loss or damage of
any kind incurred as a result of the use of the Service or any content (or product) posted,
transmitted, or otherwise made available via the Service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for
consequential or incidental damages, in such states or jurisdictions, our liability shall be limited
to the maximum extent permitted by law.
​
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Dark Castle Games and its current or future,
subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service
providers, subcontractors, suppliers, interns and employees, harmless from any claim or
demand, including attorney or any other fees, or forms of billing, made by any third party due
to any breach of these Terms of Service or any other reference of them, or your violation of any
law or the rights of a third party.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or
unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted
by applicable law, and the unenforceable portion shall be deemed to be severed from these
Terms of Service, such determination shall not affect the validity and enforceability of any other
remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive
the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may
terminate these Terms of Service at any time by notifying us that you no longer wish to use our
Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or
provision of these Terms of Service, we also may terminate this agreement at any time without
notice and you will remain liable for all amounts due up to and including the date of
termination; and/or accordingly may deny you access to our Services (or any part of them).
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not
constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect
to the Service constitutes the entire agreement and understanding between you and us and
governs your use of the Service, superseding any prior or contemporaneous agreements,
communications and proposals, whether oral or written, between you and us (including, but
not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against
the drafting party.
GOVERNING LAW
These Terms of Service and any other agreements in which we provide you Services shall be
governed by and construed in accordance with the laws of The United States.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right at any time we see fit, to update, change or replace any part of these
Terms of Service by posting updates and changes to our website. It is your responsibility to
check our website periodically for changes. Your continued use of or access to our website or
the services following the updated posting of any changes to our Terms of Service means that
you accept the changes made.
CONTACT INFORMATION
Questions about our Terms of Service can be sent to us at contact@darkcastlegames.com