TERMS OF SERVICE
OVERVIEW
Welcome to the Tipsy Chicken Games Store.Throughout the site, the terms "we," "us," and"our" refer to Tipsy Chicken Games. We offer this website, includingall information, tools, and services available from this site to you, the user,conditioned upon your acceptance of all terms, conditions, policies, andnotices stated here.
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 theterms and conditions of this agreement, then you may not access the website oruse any services.
Any new features or tools which are added tothe current store shall also be subject to the Terms of Service. You can reviewthe most current version of the Terms of Service at any time on this page. Wereserve the right to update, change, or replace any part of these Terms ofService by posting updates and/or changes to our website. It is yourresponsibility to check this page periodically for changes. Your continued useof or access to the website following the posting of any changes constitutesacceptance of those changes.
Please note that for payment processing, weutilize Amazon's secure payment gateway. As such, we do not collect or storepayment information on our website. When you make a purchase, you will beredirected to Amazon's payment portal to complete the transaction. Pleasereview Amazon's payment terms and privacy policy for more information on theirpayment processing.
If you have any questions or need assistance,please feel free to contact us. Thank you for choosing Tipsy Chicken Games!
ONLINE STORE TERMS
By agreeing to these Terms of Service, yourepresent that you are at least the age of majority in your state or provinceof residence, or that you are the age of majority in your state or province ofresidence and you have given us your consent to allow any of your minordependents to use this site.
You may not use our products for any illegalor unauthorized purpose nor may you, in the use of the Service, violate anylaws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses orany code of a destructive nature.
A breach or violation of any of the Terms willresult in an immediate termination of your Services.
GENERAL CONDITIONS
We reserve the right to refuse service toanyone for any reason at any time.
You understand that your content (notincluding credit card information), may be transferred unencrypted and involve(a) transmissions over various networks; and (b) changes to conform and adaptto technical requirements of connecting networks or devices.
You agree not to reproduce, duplicate, copy,sell, resell or exploit any portion of the Service, use of the Service, oraccess to the Service or any contact on the website through which the serviceis provided, without express written permission by us.
The headings used in this agreement areincluded for convenience only and will not limit or otherwise affect theseTerms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information madeavailable on this site is not accurate, complete or current. The material onthis site is provided for general information only and should not be reliedupon or used as the sole basis for making decisions without consulting primary,more accurate, more complete or more timely sources of information. Anyreliance on the material on this site is at your own risk.
This site may contain certain historicalinformation. Historical information, necessarily, is not current and isprovided for your reference only. We reserve the right to modify the contentsof this site at any time, but we have no obligation to update any informationon our site. You agree that it is your responsibility to monitor changes to oursite.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to changewithout notice.
We reserve the right at any time to modify ordiscontinue the Service (or any part or content thereof) without notice at anytime.
We shall not be liable to you or to anythird-party for any modification, price change, suspension or discontinuance ofthe Service.
PRODUCTS OR SERVICES (if applicable)
Certain products or services may be availableexclusively online through the website. These products or services may havelimited quantities and are subject to return or exchange only according to ourReturn Policy.
Certain products or services may be availableexclusively online through the website. These products or services may havelimited quantities and are subject to return or exchange only according to ourReturn Policy.
We reserve the right, but are not obligated,to limit the sales of our products or Services to any person, geographic regionor jurisdiction. We may exercise this right on a case-by-case basis. We reservethe right to limit the quantities of any products or services that we offer.All descriptions of products or product pricing are subject to change atanytime without notice, at the sole discretion of us. We reserve the right todiscontinue any product at any time. Any offer for any product or service madeon this site is void where prohibited.
We do not warrant that the quality of anyproducts, services, information, or other material purchased or obtained by youwill meet your expectations, or that any errors in the Service will becorrected.
OPTIONAL TOOLS
We do not warrant that the quality of anyproducts, services, information, or other material purchased or obtained by youwill meet your expectations, or that any errors in the Service will becorrected.
You acknowledge and agree that we provideaccess to such tools ”as is” and “as available” without any warranties,representations or conditions of any kind and without any endorsement. We shallhave no liability whatsoever arising from or relating to your use of optionalthird-party tools.
Any use by you of optional tools offeredthrough the site is entirely at your own risk and discretion and you shouldensure that you are familiar with and approve of the terms on which tools areprovided by the relevant third-party provider(s).
We may also, in the future, offer new servicesand/or features through the website (including, the release of new tools andresources). Such new features and/or services shall also be subject to theseTerms of Service.
THIRD-PARTY LINKS
Certain content, products and servicesavailable via our Service may include materials from third-parties.
Third-party links on this site may direct youto third-party websites that are not affiliated with us. We are not responsiblefor examining or evaluating the content or accuracy and we do not warrant andwill not have any liability or responsibility for any third-party materials orwebsites, or for any other materials, products, or services of third-parties.
Third-party links on this site may direct youto third-party websites that are not affiliated with us. We are not responsiblefor examining or evaluating the content or accuracy and we do not warrant andwill not have any liability or responsibility for any third-party materials orwebsites, or for any other materials, products, or services of third-parties.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specificsubmissions (for example contest entries) or without a request from us you sendcreative ideas, suggestions, proposals, plans, or other materials, whetheronline, by email, by postal mail, or otherwise (collectively, 'comments'), youagree that we may, at any time, without restriction, edit, copy, publish,distribute, translate and otherwise use in any medium any comments that you forwardto us. We are and shall be under no obligation (1) to maintain any comments inconfidence; (2) to pay compensation for any comments; or (3) to respond to anycomments.
We may, but have no obligation to, monitor,edit or remove content that we determine in our sole discretion are unlawful,offensive, threatening, libelous, defamatory, pornographic, obscene orotherwise objectionable or violates any party’s intellectual property or theseTerms of Service.
You agree that your comments will not violateany right of any third-party, including copyright, trademark, privacy,personality or other personal or proprietary right. You further agree that yourcomments will not contain libelous or otherwise unlawful, abusive or obscenematerial, or contain any computer virus or other malware that could in any wayaffect the operation of the Service or any related website. You may not use afalse e-mail address, pretend to be someone other than yourself, or otherwisemislead us or third-parties as to the origin of any comments. You are solelyresponsible for any comments you make and their accuracy. We take noresponsibility and assume no liability for any comments posted by you or anythird-party.
PERSONAL INFORMATION
Your submission of personal informationthrough the store is governed by our Privacy Policy. To view our PrivacyPolicy.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on oursite or in the Service that contains typographical errors, inaccuracies oromissions that may relate to product descriptions, pricing, promotions, offers,product shipping charges, transit times and availability. We reserve the rightto correct any errors, inaccuracies or omissions, and to change or updateinformation or cancel orders if any information in the Service or on anyrelated website is inaccurate at any time without prior notice (including afteryou have submitted your order).
We undertake no obligation to update, amend orclarify information in the Service or on any related website, including withoutlimitation, pricing information, except as required by law. No specified updateor refresh date applied in the Service or on any related website, should betaken to indicate that all information in the Service or on any related websitehas been modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forthin 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 participatein any unlawful acts; (c) to violate any international, federal, provincial orstate regulations, rules, laws, or local ordinances; (d) to infringe upon orviolate our intellectual property rights or the intellectual property rights ofothers; (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 ormisleading information; (g) to upload or transmit viruses or any other type ofmalicious code that will or may be used in any way that will affect thefunctionality or operation of the Service or of any related website, otherwebsites, or the Internet; (h) to collect or track the personal information ofothers; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) forany obscene or immoral purpose; or (k) to interfere with or circumvent thesecurity features of the Service or any related website, other websites, or theInternet. We reserve the right to terminate your use of the Service or anyrelated website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LI TATION OF LIABILITY
We do not guarantee, represent or warrant thatyour use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may beobtained from the use of the service will be accurate or reliable.
You agree that from time to time we may removethe service for indefinite periods of time or cancel the service at any time,without notice to you.
You expressly agree that your use of, orinability to use, the service is at your sole risk. The service and allproducts and services delivered to you through the service are (except asexpressly stated by us) provided 'as is' and 'as available' for your use,without any representation, warranties or conditions of any kind, eitherexpress or implied, including all implied warranties or conditions ofmerchantability, merchantable quality, fitness for a particular purpose,durability, title, and non-infringement.
In no case shall Tipsy Chicken Games, ourdirectors, officers, employees, affiliates, agents, contractors, interns, suppliers,service providers or licensors be liable for any injury, loss, claim, or anydirect, indirect, incidental, punitive, special, or consequential damages ofany kind, including, without limitation lost profits, lost revenue, lostsavings, loss of data, replacement costs, or any similar damages, whether basedin contract, tort (including negligence), strict liability or otherwise,arising from your use of any of the service or any products procured using theservice, or for any other claim related in any way to your use of the serviceor any product, including, but not limited to, any errors or omissions in anycontent, or any loss or damage of any kind incurred as a result of the use ofthe service or any content (or product) posted, transmitted, or otherwise madeavailable via the service, even if advised of their possibility. Because somestates or jurisdictions do not allow the exclusion or the limitation ofliability for consequential or incidental damages, in such states orjurisdictions, our liability shall be limited to the maximum extent permittedby law.
INDEMNIFICATION
You agree to indemnify, defend and holdharmless Tipsy Chicken Games and our parent, subsidiaries, affiliates,partners, officers, directors, agents, contractors, licensors, serviceproviders, subcontractors, suppliers, interns and employees, harmless from anyclaim or demand, including reasonable attorneys’ fees, made by any third-partydue to or arising out of your breach of these Terms of Service or the documentsthey incorporate by reference, or your violation of any law or the rights of athird-party.
SEVERABILITY
In the event that any provision of these Termsof Service is determined to be unlawful, void or unenforceable, such provisionshall nonetheless be enforceable to the fullest extent permitted by applicablelaw, and the unenforceable portion shall be deemed to be severed from theseTerms of Service, such determination shall not affect the validity andenforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the partiesincurred prior to the termination date shall survive the termination of thisagreement for all purposes.
These Terms of Service are effective unlessand until terminated by either you or us. You may terminate these Terms ofService at any time by notifying us that you no longer wish to use ourServices, or when you cease using our site.
If in our sole judgment you fail, or wesuspect that you have failed, to comply with any term or provision of theseTerms of Service, we also may terminate this agreement at any time withoutnotice and you will remain liable for all amounts due up to and including thedate of termination; and/or accordingly may deny you access to our Services (orany part thereof).
ENTIRE AGREEMENT
The failure of us to exercise or enforce anyright or provision of these Terms of Service shall not constitute a waiver ofsuch right or provision.
These Terms of Service and any policies oroperating rules posted by us on this site or in respect to The Serviceconstitutes the entire agreement and understanding between you and us andgovern your use of the Service, superseding any prior or contemporaneousagreements, communications and proposals, whether oral or written, between youand us (including, but not limited to, any prior versions of the Terms ofService).
Any ambiguities in the interpretation of theseTerms of Service shall not be construed against the drafting party.
GOVERNING LAW
These Terms of Service and any separateagreements whereby we provide you Services shall be governed by and construedin accordance with the laws of 5620 1st Avenue, 4th Floor, Brooklyn, NY, 11220,United States.
CHANGES TO TERMS OF SERVICE
You can review the most current version of theTerms of Service at any time at this page.
We reserve the right, at our sole discretion,to update, change or replace any part of these Terms of Service by postingupdates and changes to our website. It is your responsibility to check ourwebsite periodically for changes. Your continued use of or access to our websiteor the Service following the posting of any changes to these Terms of Serviceconstitutes acceptance of those changes.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@tipsychickengames.com