Last Updated: March 17th, 2006
Welcome to Merciless Games. Merciless Games, mercilessgames.com, and its affiliates provide their services to you subject to the following conditions. If you visit or shop at Merciless Games, you accept these conditions. Please read them carefully. In addition, when you visit, use, or purchase any current or future Merciless Games service or product from any business affiliated with Merciless Games, whether or not included in the Merciless Games web site, you also will be subject to the guidelines and conditions applicable to such service or business.
When you visit Merciless Games or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Merciless Games, or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Merciless Games and is protected by U.S. and international copyright laws. All software used on this site is the property of Merciless Games or its software suppliers and protected by United States and international copyright laws.
MERCILESS GAMES and other marks indicated on our site are trademarks of Merciless Games, or its subsidiaries, in the United States and other countries. MERCILESS GAMES, PUFF BALL, and other Merciless Games graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Merciless Games, or its subsidiaries. Merciless Games' trademarks and trade dress may not be used in connection with any product or service that is not Merciless Games, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Merciless Games or Merciless Games. All other trademarks not owned by Merciless Games or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Merciless Games or its subsidiaries.
LICENSE AND SITE ACCESS
Merciless Games grants you a limited license to access and make personal use of Merciless Games and the web games and downloadable games offered on this site. This license does not include the right to download content other than specifically designated electronic software downloads and online game executables, nor does the license give you the right modify any content, except with express written consent of Merciless Games. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Merciless Games. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Merciless Games and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Merciless Games' name or trademarks without the express written consent of Merciless Games. Any unauthorized use terminates the permission or license granted by Merciless Games. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Merciless Games so long as the link does not portray Merciless Games, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Merciless Games logo or other proprietary graphic or trademark as part of the link without express written permission.
RISK OF LOSS
All items purchased from Merciless Games are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Merciless Games and its affiliates attempt to be as accurate as possible. However, Merciless Games does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Merciless Games itself is not as described, your sole remedy is to return it in unused condition.
With respect to items sold by Merciless Games, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your have confirmed your billing address and consented and authorized us to verify and bill your credit card.
ONLINE AND OFFLINE PURCHASING
When conducting online purchases with Merciless Games or offline purchases with Merciless Games, you must provide true, accurate, and complete information about yourself and provide non-fraudulent means of payment. If you provide any personal or financial information that is untrue, inaccurate, or incomplete, or Merciless Games has reasonable grounds to suspect that the information is untrue, inaccurate, or incomplete, Merciless Games has the right to void related financial transactions, to revoke any associated software licenses resulting from such transactions, and to refer to appropriate authorities the details of such incidents.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY MERCILESS GAMES ON AN "AS IS" AND "AS AVAILABLE" BASIS. MERCILESS GAMES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Merciless Games DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Merciless Games DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Merciless Games ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Merciless Games WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting Merciless Games, you agree that the laws of the state of Massachusetts, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Merciless Games or its affiliates.
Any dispute relating in any way to your visit to Merciless Games or to products you purchase through Merciless Games shall be submitted to confidential arbitration in Boston, Massachusetts, except that, to the extent you have in any manner violated or threatened to violate Merciless Games's intellectual property rights, Merciless Games may seek injunctive or other appropriate relief in any state or federal court in the state of Massachusetts, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY