TERMS AND CONDITIONS

Welcome to LocalGames.online! These Terms and Conditions, which incorporate by reference our Privacy Policy (collectively, the “Terms” or “Agreement”), are a legal contract between you (“you” or “your”) and Local Games Online LLC (“LGO,” “we,” “our,” or “us”) governing your access to and use of our website or application where these Terms are posted and when you make any purchase from us (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you must immediately stop accessing and using the Service.

These Terms contain an arbitration provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and limits the remedies available to you in the event of a dispute. See Section 10 (Dispute Resolution) for full details.

1. PRIVACY POLICY

Your submission of personal information is governed by our Privacy Policy. By accessing or using the Service, you represent and warrant that you have read and understood, and agree to be bound by, this Agreement and our Privacy Policy (the "Privacy Policy"), which is incorporated into this Agreement by reference. The Privacy Policy is available here. We encourage you to frequently check the Privacy Policy for changes.

2. CHANGES TO OUR TERMS AND PRIVACY POLICY

We reserve the right, in our sole discretion, to change this Agreement and our Privacy Policy at any time upon notice to you (including by posting a new version, or by sending you a change notice). LGO encourages you to periodically review the Terms to stay informed of our updates. If at any time you find either this Agreement or the Privacy Policy unacceptable, you must immediately cease accessing the Service. Unless we obtain your express consent, any revised Privacy Policy will apply only to information we collect after the revised Privacy Policy takes effect, and not to information collected under any earlier version of the Privacy Policy.

3. LICENSE

Subject to your compliance with these Terms, LGO grants you a non-exclusive, non-sublicensable, revocable, non-transferable, limited license to access and use the Service. No part of the Service, may be reproduced, duplicated, copied, modified, sold, resold, distributed, transmitted, or otherwise exploited for any commercial purpose without the prior express written consent of LGO. As a condition of your use of the Service, you warrant to LGO that you will not use the Service for any purpose that is unlawful or prohibited by these Terms. You may not use the Service in any manner which could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. All rights not expressly granted in this Agreement are reserved by LGO. Without limitation, this Agreement grants you no rights to the intellectual property of LGO or any other party, except as expressly stated in this Agreement. The license granted in this section is conditioned on your compliance with this Agreement. Your rights under this section will immediately terminate if, in our sole judgment, you have breached any provision of this Agreement.

4. INTELLECTUAL PROPERTY

All content included on the Service such as text, graphics, logos, images, audio clips, video, data, music, software, application updates, and other material (collectively "Company IP") is owned or licensed property of LGO or its suppliers or licensors and is protected by copyright, trademark, patent, or other proprietary rights. The collection, arrangement and assembly of all Company IP on the Service is the exclusive property of LGO and protected by U.S. and international copyright laws. LGO and its suppliers and licensors, expressly reserve all intellectual property rights in all Company IP.

5. DIGITAL MILLENNIUM COPYRIGHT ACT

If you are a copyright owner or an agent thereof and believe that any content available through the Service infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing LGO with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):

· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

· Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

· Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

· Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

· A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

· A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may send DMCA notifications to:

Local Games LLC

Attn: DMCA

8 The Green, STE B

Dover, DE 19901

USA

support@localgames.online

You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

6. YOUR USE OF THE SERVICE

Qualifications. You must be at least 18 years old and legally qualified to use the Service and, if you are using the Service on behalf of a company, authorized to enter into this Agreement on behalf of that company. You warrant that all information you provide in connection with your use of the Service is current, complete, and accurate and that you will update that information as necessary. You are responsible for maintaining the confidentiality of any credentials and information used in connection with the Service, and you agree to notify us immediately of any unauthorized use of the same. We reserve the right to suspend or terminate your use of the Service if you violate this Agreement or any applicable laws.

Communications with Local Games. By providing your email address or communicating with us, you expressly consent to receiving our marketing communications. Providing consent to promotional communications is not a condition of purchasing any goods or services. You can unsubscribe from marketing communications at any time by following the unsubscribe instructions in each communication or by contacting us as outlined below. If you unsubscribe from advertising content, we may still send you non-promotional communications, such as updates to these Terms.

Prohibited Conduct. The Service may only be used for lawful purposes in accordance with the terms of the license granted in these Terms. As a condition of your use of the Service, you warrant to Local Games that you will not use the Service for any purpose that is unlawful or prohibited by these Terms. Whether on behalf of yourself or on behalf of any third party, you may not:

· Make any commercial use of the Service or Company IP, including making any collection or use of any product listings, descriptions, prices or images;

· Download, copy or transmit any Company IP for the benefit of any other merchant;

· Use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Service other than the search engine and search agents provided by Local Games or generally publicly available browsers;

· Frame, mirror or use framing techniques on any part of the Service without our express prior written consent;

· Make any use of data extraction, scraping, mining or other data gathering tools, or create a database by systematically downloading or storing Service content, or otherwise scrape, collect, store or use any Company IP, account information, product listings, descriptions, prices or images, except pursuant to the limited license granted by these Terms;

· Use any meta tags or any other hidden text utilizing LGO’s name or marks;

· Misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Service, or express or imply that we endorse any statement you make;

· Use a buying agent to conduct transactions on the Service;

· Conduct fraudulent activities on the Service;

· Violate or attempt to violate the security of the Service, whether in an automated fashion or otherwise, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are (a) not authorized to access or, (b) in the case of a user account, not the registered user of such account; (ii) trying to change the behavior of the Service; (iii) attempting to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting malware to the Service, overloading, "flooding," "spamming," "mailbombing" or "crashing"; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Service (impersonating our Service) or to the Service (impersonating another user whether such user provided their approval for such action(s) or not);

· Send unsolicited or unauthorized email on behalf of LGO, including promotions and/or advertising of products or services;

· Tamper with the Service or use or attempt to use any device, software, routine or data that interferes or attempts to interfere with the working or functionality of the Service or any activity being conducted on the Service;

· Use the Service to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;

· Harvest or collect personally identifiable information about other users of the Service;

· Restrict or inhibit any other person from using the Service (including, without limitation, by hacking or defacing any portion of the Service);

· Use the Service to advertise or offer to sell or buy any goods or services without our express prior written consent;

· Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any portion of, use of, or access to the Service;

· Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Service; or

· Remove any copyright, trademark or other proprietary rights notice from the Service or materials originating from the Service.

Indemnification. You are responsible for your actions. As such, you shall defend, indemnify, and hold harmless LGO from and against any and all third-party claims, actions, demands, causes of action, and other proceedings, including attorney’s fees, arising out of or related to your actions, your violation of these Terms, or applicable laws.

Assumption of Risk. You knowingly and freely assume all risk when using the Service. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify LGO and its parents, subsidiaries, affiliated companies, employees, agents, officers, owners, directors, successors, and assigns (who shall be third-party beneficiaries of this provision) from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or to third parties, that may result from your access to or use of the Service.

7. PRODUCT INFORMATION

All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Service are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Service does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from the Service. By placing an order, you represent that the products ordered will be used only in a lawful manner. All games and similar products sold are for private, non-public, home use (where no admission fee is charged) and may not be duplicated. LGO reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Service, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your transactions.

Colors. We strive to display as accurately as possible the colors of the products shown on the Service; however, we cannot and do not guarantee that your monitor’s display of any color will be accurate.

Availability, Errors & Inaccuracies. LGO’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. We make a conscientious effort to describe and display products and services accurately on the Service. Despite these efforts, a small number of items on the Service may be mispriced, described inaccurately or unavailable, and we may experience delays in updating information on the Service and in our advertising. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We apologize for any inconvenience. If we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email.

Game Ratings. LGO participates in the video and computer game industry’s standardized rating system developed by the Entertainment Software Rating Board (ESRB). ESRB ratings are placed on game packaging to let you know the nature of the content and the ages for which the game or movie is appropriate. You can find this information on the item description page for the game, and you can also learn more by going to ESRB Guidelines. Games rated "M: Mature" are intended for mature audiences only and are noted as such on our website. By ordering any "M: Mature" rated game or certain "RP: Rating Pending" games, you are certifying that you are at least 17 years of age.

8. PURCHASES

If you purchase any product or service through the Service, you may be asked to supply certain information relevant to your purchase including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY PURCHASE. By submitting such information, you grant to Local Games the right to provide such information to third parties for purposes of facilitating the completion of purchases initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any purchase.

9. REFUNDS, EXCHANGES, AND RETURNS

Refunds, exchanges, and returns are subject to our Refund, Exchange, and Return Policy, which is incorporated herein by reference. Please review our policy for more information.

10. DISPUTE RESOLUTION

Governing Law and Venue. Subject to and without waiving the arbitration provision below, This Agreement shall be exclusively governed by and construed in accordance with the laws of California without regard to its conflict of law principles, and the proper venue for any judicial action arising out of or related to this Agreement shall be the state and federal courts located in Los Angeles, California (a “Court of Competent Jurisdiction”). You and LGO stipulate to, and waive any objection to, the personal jurisdiction and venue of such courts and submit to extraterritorial service of process. If you reside outside the U.S. and bring a claim against LGO outside the U.S., applicable laws may authorize you to bring a claim against LGO, which shall be brought in your individual capacity, in the forum where you reside.

Arbitration Provision. If you and LGO cannot resolve a claim through informal negotiations, the claim shall be finally and exclusively resolved by binding arbitration. “Claim(s)” means any claim or dispute between the parties and/or their parents, subsidiaries, affiliated companies, employees, agents, officers, owners, directors, successors, and/or assigns (who shall be third-party beneficiaries of this arbitration provision) arising out of or related to this Agreement or the Service. This arbitration provision is reciprocal, and any election to arbitrate by one party shall be final and binding on the other. This arbitration provision, including the interpretation and enforcement of this provision, shall be governed by the Federal Arbitration Act.

The arbitration shall be commenced and conducted through JAMS (www.jamsadr.com) under its Streamlined Rules, as modified by this arbitration provision. The parties shall each participate in the selection of a neutral arbitrator pursuant to the Streamlined Rules. If JAMS is unavailable to arbitrate, you and LGO agree to arbitrate using an alternative arbitral forum. All remedies available to the parties under applicable laws shall remain available in arbitration. All issues, including the interpretation and enforceability of this arbitration provision, shall be determined by the arbitrator. Unless you and LGO agree otherwise in writing, the final arbitration hearing shall take place in person at the JAMS facility located in or nearest to your city of residence, provided that either party may elect to have the arbitration conducted by video conference or telephone. If you initiate arbitration against LGO, you will be required to pay an initial fee of $250 (unless you qualify for a waiver), and all other arbitration costs (including any remaining Case Management Fee and fees for the arbitrator’s services) shall be paid as determined by the arbitrator. If LGO initiates arbitration against you, LGO shall pay all costs associated with the arbitration. Regardless, you and LGO will each pay your own attorney’s fees and costs unless an award of attorney’s fees is available under applicable statute.

The arbitrator’s award will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Either party may seek relief in a Court of Competent Jurisdiction to stay proceedings pending arbitration, to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator, or for injunctive relief in aid of arbitration. You agree that without this provision, you would have the right to sue in court with a jury trial.

Waiver of Class Actions. YOU AND LGO (INCLUDING ANY THIRD-PARTY BENEFICIARIES) MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THIS WAIVER IS A MATERIAL PROVISION. UNLESS YOU AND LGO AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PARTY'S CLAIMS; AND THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIMS. 

Remedies in Aid of Arbitration; Equitable Relief. This agreement to arbitrate will not preclude you or LGO from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration, or confirm an arbitral award, from a Court of Competent Jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or LGO from applying to a Court of Competent Jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary.

11. THIRD PARTY CONTENT AND THIRD-PARTY SITES

LGO may provide content of third parties ("Third Party Content"), or links to Third Party Sites, as a service to those interested in this information. LGO does not monitor, approve or have any control over any Third-Party Content or the Third-Party Sites and the inclusion of links to Third Party Content or Third-Party Sites does not imply any association or relationship between LGO and such third party. LGO does not guarantee, endorse or adopt the accuracy or completeness of any Third-Party Content or any Third-Party Site. LGO is not responsible for updating or reviewing Third Party Content or Third-Party Sites. You use Third Party Content and Third-Party Sites at your own risk.

12. DISLAIMER OF WARRANTIES

LGO IS PROVIDING THE SERVICE ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SERVICE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, AVAILABLE THROUGH THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, LGO DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, LGO DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SERVICE IS ACCURATE, COMPLETE OR CURRENT.

Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable laws. Price and availability information is subject to change without notice.

13. LIMITATION OF LIABILITIES

IN NO EVENT SHALL LGO OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE WITH THE SERVICE, INCLUDING WITHOUT LIMITATION FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO LGO OR ITS LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN LGO AND YOU. THE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

14. APPLICATION OF DISCLAIMERS

The above disclaimers, waivers, and limitations do not in any way limit any other disclaimer of warranties or any other limitation of liability in any other agreement between you and LGO or between you and any of LGO 's licensors and suppliers. Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you. LGO 's licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Service or otherwise shall alter any of the disclaimers or limitations stated in section.

15. INDEMNIFICATION

You agree to defend, indemnify and hold harmless LGO (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of (a) your misuse of the Service; (b) your violation of any term of these Terms; or (c) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right). This indemnification obligation will survive the termination of these Terms and your misuse of the Service.

16. TERMINATION

LGO reserves the right, without notice and at its sole discretion, to terminate your use of the Service and to block or prevent future access to and use of the Service (i) if you violate any of these Terms, (ii) for any other reason or (iii) for no reason. Upon any such termination, your right to use the Service will immediately cease.

You agree that we shall not be liable to you or any third party for any termination of your access to the Service. Upon termination, all provisions of these Terms which are by their nature intended to survive termination, all representations and warranties, all limitations of liability and all indemnities shall survive such termination.

17. MISCELLANEOUS TERMS

This Agreement is the entire agreement between LGO and you concerning the Service. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. Should any part of this Agreement be declared invalid, void, or unenforceable by a Court of Competent Jurisdiction, such decision shall not affect the validity of any remaining portion of this Agreement, which shall remain in full force and effect, and this Agreement is severable. A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach. This Agreement and all of your rights and obligations under it will not be assignable or transferable by you without the prior written consent of LGO. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Except where expressly stated herein, there are no third-party beneficiaries to this Agreement. The headings in this Agreement are for convenience only. These Terms apply to the fullest extent permitted by applicable laws. You may have other rights and remedies not outlined above. These Terms and any offers are void where prohibited. Neither party will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond that party’s reasonable control, including “acts of God,” labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, pandemics, epidemics, earthquake, storms, or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

18. CONTACT US

If you have any questions or complaints, you can reach us at support@localgames.online.