Welcome to Xsolla. By visiting www.AtariLife.com (the “Website”) and/or purchasing something from us, you are “Using” the Website and agree to be bound by these Terms and Conditions of Sale (the “Agreement”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. If you do not agree with the terms of this Agreement, do not Use the Website. This Agreement is binding as of its date of publication on the Website. You are solely responsible for being knowledgeable of, and in compliance with, this Agreement.
Upon entering into this Agreement, you represent that you are of the legal age of license in your state, province, or jurisdiction of residence.
Throughout the site, the terms “we”, “us” and “our” refer to Xsolla (USA), Inc. The terms “Customer”, “yourself”, and “you” refers to the person who visits or makes purchases from the Website.
1. CONTENT
All, graphics, user interfaces, graphics, visual interfaces, photographs, sounds, music, artwork, logos, trademarks, computer code, and text (collectively, “Content”), including but not limited to the selection, design, coordination, expression, structure, “look and feel”, and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in this Agreement, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.
2. PRIVACY POLICY
Our Privacy Policy applies to the Use of the Website. You can view our privacy policy at www.AtariLife.com/privacypolicy. Additionally, by Using our Website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
3. THIRD PARTY WEBSITES
This Website may contain links to other independent third-party websites (“Third Party Websites”). These Third Party Websites are provided solely as a convenience to you. Such Third Party Websites are not under our control, and we are not responsible for and do not endorse the content of such Third Party Websites, including any information or materials contained on such Third Party Websites. You will need to make your own independent judgment regarding your interaction with these Third Party Websites.
4. PRODUCTS
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products 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 that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product made on this Website is void where prohibited. We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations, or that any errors will be corrected.
5. ONLINE ORDERING
A. Placing An Order. All orders must be placed on the Website through the Internet. Using our Website may require you to open an account. You guarantee all information that you provide while Using our Website, including the potential registration for an account, is true, accurate, up-to-date, and complete.
B. Order Confirmation. Although we make every effort to ensure your satisfaction, automatic order confirmation errors may occur. Please review the automatic order confirmation and inform us immediately of any discrepancies in the event that they are identified. In the event that your previous order resulted in a dispute or litigation, or you previously disputed a charge, we may cancel or refuse your order. By Using our Website, you consent to receive sales invoices electronically.
C. Personal Use. All products we sell are for personal use only. We reserve the right to refuse or cancel your order if we suspect you are purchasing products for resale.
D. Changes And Cancellation. We are unable to make changes or cancel your order once it has been placed. However, you may return your product using our free returns option within 30 days of receipt.
E. Pre-Order. Pre-Order products are items that are not yet in stock, but available for advanced purchase on our site. Products are shipped directly to you once available. You will not be charged for your order until it has shipped and you will be notified via email with tracking information.
6. BILLING
A. Payment Options. All purchases require a valid debit/credit card or other payment method that is accepted by us in our sole discretion.We are currently accepting credit cards (Visa, MasterCard, American Express, Discover), PayPal, Apple Pay, Android Pay and Samsung Pay as available payment methods.Notwithstanding the foregoing, we have the right to refuse any payment in our sole discretion without giving explanation.B. Correct Information. For your security, your billing name and address must be entered exactly as they appear on your credit card statement. An order that does not match these criteria is subject to cancellation.
You claim and warrant that your use of a credit card or other payment method is authorized and that all information that you submit to us or our 3rd party payment processor is true and accurate; you agree to pay all fees you incur. We are not liable for damage of any kind arising from your submission of any information that is deemed to be untrue or is inaccurate.
C. Promotional Codes.We occasionally offer exclusive promotional codes to customers who sign up for an account. These premium offers provide limited time discounts on AtariLife merchandise. To apply a code that you have received, proceed through checkout. Once you’re on the payment page, enter the code exactly as it appears in the "Using a Promo Code” field. Codes are case sensitive. Click apply to activate that code. If your discount qualifies, it will be displayed in your payment summary. If the product is excluded from the promotion or the code is expired, the code will not apply. Only one promo code per order will be applied.
D. Tax. If your purchase is subject to any type of sales tax, then we may also charge you for those taxes and you agree to pay all fees and taxes incurred, if applicable.
E. Impersonation. You agree that you will not use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on product, to purchase at pricing not applicable to your geography, or for any other purpose.
F. Payment Processing. Payment processing, as well as a refund due to payment refusal, may take some time. We have no responsibility for any losses arising out of delays in payment processing and refund due to the payment refusal.
7. SHIPPING
A. Shipping Address. We shall ship your order to the address you provide during the ordering process. You may not amend the address provided during the ordering process after the completion of said ordering process.
B. Destination. We are currently shipping to the United States of America, Canada, and the European Union.
C. Tracking. When your order ships, you will receive a shipping confirmation email with a link to track your package. Some orders will ship in multiple boxes and each box will have its own unique tracking number.
D. Delivery. In the event that an estimated delivery date, or estimated shipping time, is provided during the checkout process, this information is provided on an informational basis and does not constitute an obligation on our part. We are not responsible for any delay in delivery or for any loss of or damage to a package or its contents while in the care of the courier or postal service. Should you have any questions, please contact customer support at help.xsolla.com.
8. OWNERSHIP RIGHTS
If applicable, the ownership of the products you purchase shall be transferred to you when full payment is received and we deliver the products to you. However, any risk of loss, theft, or destruction, in the period between the delivery and the transfer of ownership, shall not be our responsibility or liability. Should you not honor your payment obligations for any reason whatsoever, we shall be entitled to demand that the delivered merchandise be returned immediately, at your own cost, risk, and peril.
9. RETURNS AND EXCHANGES
A. General. If you are not completely satisfied with your purchase, for any reason, we will offer you a full refund within 30 days of purchase. Product(s) must be in their original package and in full Return incorrect, flawed, or damaged items within 30 days of their shipment to you, and we'll cover the return shipping to get the product you wanted in your hands.
Returns received more than 30 days after date of shipment will not be accepted and will be returned to sender.
PLEASE NOTE:Please enclose a copy of the original invoice or packing slip. Returns that do not include a copy of the original invoice or packing slip will not be accepted and will be returned to sender.
B. Gift Return. If you're the recipient of a gift and want to return or exchange an item, please contact help.xsolla.com and provide your full name, shipping address, and email address (if available).
C. Exchange. Need to make a change? At this time, we do not offer product exchanges. You may return your product within 30 days using our free returns option for a full credit and re-order your replacement item.
Return/exchange merchandise must be unworn and in new condition with original tags and all original packaging.
We cannot accept COD returns.
D. International Returns and Customs.We do not cover shipping or customs expenses for international returns (i.e., any returns from outside the continental United States of America, Hawaii, and Alaska). You will be responsible for all shipping and customs expenses and procedures. Please contact our customer support for all returns from outside the continental United States of America, Hawaii, and Alaska.
You agree to comply with all applicable import/export laws and regulations. You agree not to export the product or provide, or allow individuals situated in a country subject to an embargo or prohibition of any form from the US government access to the Website. You represent and warrant that you are not located in, under the control of, or a national or resident of any such prohibited country.
When purchasing products for delivery outside of the United States of America, you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
10. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your Use of our Website will be timely, secure, uninterrupted, or error-free. We do not warrant any results that may be obtained from the use of the Website will be accurate or reliable. You agree that from time to time we may disable the Website for indefinite periods of time at our discretion, without notice to you. We shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of the Website.
You expressly agree that your use of, or inability to use, the Website is at your sole risk. The Website and all products delivered to you through the Website are (except as expressly stated by us) provided “as is” and “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 we, 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 in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Website or any products, or for any other claim related in any way to your use of the Website or any product, including, but not limited to, any loss or damage of any kind incurred as a result of the Use of the Website or any product made available via the Website, 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.
11. INDEMNIFICATION
You agree to indemnify, defend and hold us harmless and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of this Agreement or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
12. GOVERNING LAW AND DISPUTE RESOLUTION. CLASS ACTION WAIVER.
Most user concerns can be resolved by use of our support site at help.xsolla.com If we are unable to resolve your concerns and a dispute remains between you and us, this section explains how we agree to resolve it.Any dispute arising out of or in connection with the Agreement, including any question regarding its existence, validity, or termination shall be determined by final and binding arbitration in Los Angeles, California, before a single arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, and the arbitrator shall apply the laws applicable in the State of California.Judgment on the arbitral award may be entered in any court having jurisdiction thereof. THE PARTIES HERETO EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY. This section shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator shall, in the arbitral award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees (and accountant’s fees) of the prevailing party, for payment by the non-prevailing party, and shall determine the prevailing party for this purpose.The following paragraph is applicable only to US Customers: YOU AND US AGREE THAT EACH MAY 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. The arbitrator shall not consolidate another person's claims with your claims, and shall not preside over any type of 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. If this specific subsection is found to be unenforceable, then the entirety of this agreement to arbitrate shall be null and void.
13. MISCELLANEOUS.
A. Notices.All legal notices given by you or required under this Agreement shall be mailed to: Xsolla (USA), Inc., 15260 Ventura Boulevard, Suite 2230, Sherman oaks, CA 91403, USA.
B. Amendment. We may, in our sole discretion, modify or revise this Agreement at any time, and you agree to be bound by such modifications or revisions. The act of Using our Website constitutes your acceptance, without reserve, of this Agreement in effect as of the date of Using our Website, as well as any other terms and conditions posted on the Website. If you don’t agree to the modifications or revisions, cease Using our Website. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
C. Severability.Except as otherwise expressly set forth in this Agreement, in the event that any provision of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this Agreement shall remain in full force and effect. This Agreement, constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement.
D. Enforcement. Our obligations are subject to existing laws and legal process and We may comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term.
E. Compliance.You agree to comply with all applicable import/export laws and regulations. You agree not to export the Software or allow use of your Account by individuals of any terrorist supporting countries to which encryption exports are at the time of exportation restricted by the European authorities. You represent and warrant that you are not located in, under the control of, or a national or resident of any such prohibited country.
