Terms of Service

 

Limbic Software Terms of Service

1    Acceptance of these Terms of Service
Zombie Gunship is developed and published by Limbic Software Inc. (“Limbic Software”). All Intellectual Property Rights are owned by Limbic Software and its licensors.
Your (“You”) use of the shop.limbic.com website and /or any other information exchange media, made available by Limbic Software (collectively the “Online Shop”) and any Products You order via the Online Shop is governed by these Terms of Service (“Terms of Service”).

BY ACCESSING THE ONLINE SHOP AND/OR USING IT YOU ACCEPT AND UNDERTAKE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, DO NOT ACCESS AND/ OR USE THE ONLINE SHOP.

If You are under 18 years of age or a minor in your country of residence, please ask Your legal guardian to complete your registration to the Online Shop for you. If You are under 10 years of age You are not entitled to use the Online Shop.
Subject to Your acceptance of and compliance with these Terms of Service, Limbic Software grants You a personal, limited, non-exclusive, revocable and non-transferable license to use the Online Shop solely as for Your personal and non-commercial purposes as set forth in these Terms of Service.

Please note that the terms and conditions related to privacy and protection of Your personal information are governed by the Privacy Policy provided in the Online Shop (“Privacy Policy”). You hereby confirm that You have read and accept our Privacy Policy. To access the Privacy Policy, please access it by copying this link to your browser:  http://shop.limbic.com/pages/privacy-policy

2    Contact details of Limbic Software
Contact Limbic at: shop@limbic.com

3    Provision and use of the Online Shop
Limbic Software has the right to provide the Online Shop as it deems appropriate including the right to amend the Online Shop. If such changes necessitate changes in Your operating environment or other devices, You shall make such changes at Your own expense. Limbic Software aims to notify You of any substantial changes that materially affect the use of the Online Shop a reasonable time in advance.

Limbic Software may suspend the Online Shop where necessary for example for installation, amendment or maintenance work or if laws,
regulations or authorities so require or if there are other justifiable reasons for suspension. Limbic Software aims to ensure that the suspension is as short as possible. Limbic Software has the right to terminate the Online Shop at its sole discretion. Should any suspensions or termination of the Online Shop occur, Limbic Software aims to reasonably notify You of such occurrences in beforehand.

You agree to use the Online Shop in a manner that does not cause harm to Limbic Software, other users or third parties. Limbic Software reserves the right to terminate or restrict Your access to the Online Shop without prior notice if You violate these Terms of Service or if You abuse the Online Shop or load the Online Shop to an unusual extent. Limbic Software is entitled to prevent access to the Online Shop if it has reason to believe that You are engaged in illegal activity or compromise other users' or Limbic Software's data security or privacy.

Limbic Software may use subcontractors to fulfill its obligations pertaining to the Online Shop and/or these Terms of Service.

4    Products, Shipping and Product return Policy

Products
By using the Online Shop You may purchase certain products, including but not limited to Zombie Gunship shirts (“Products”). The sale becomes binding between You and Limbic Software when Limbic Software receives Your payment.

Information on Product delivery times and other Product information is specified in the Online Shop web site. Limbic Software takes commercially reasonable efforts to provide You with Product information that is as accurate as possible. Limbic Software does not however warrant that the Product information or other content on the Online Shop is accurate, reliable, complete or error-free. Should a Product offered by Limbic Software itself appear to be contrary to the Product information provided by Limbic Software, Your sole remedy is to return the Product(s) in unused condition as set forth below.

Shipping
Shipping times may vary depending on the Product, its availability and other possible practical factors. Please check the shipping times for each Product separately.

Should You wish to receive a printout of an order You have placed, this can be done by printing out the order confirmation You receive after You have placed Your order. This confirmation will be sent to You by e-mail after You have completed the order process by clicking on "Complete my Purchase" (or an equivalent) and once your payment information has successfully been processed. Further, you will receive a shipping confirmation once the Product(s) have been shipped to You.

Product return
Limbic Software will exchange defective Product(s) You have ordered for the exact same Product(s) only.  You must contact Limbic Software at shop@limbic.com within 30 days from the delivery of the Product(s) to authorize a return. All items returned to Limbic Software must be in the original condition you received them in. We do NOT accept washed items.  Please include the following information in Your message when You contact Limbic Software at shop@limbic.com:
-    Order number
-    Names and amounts of the Products that should be returned
-    Reason for return

5    Pricing
The prices in force from time to time are specified in connection with each Product. Shipping charges are added when applicable and they may vary in accordance with the shipping destination and other applicable practical factors. The prices shall include all public charges determined by the authorities, including value added tax pursuant to the legislation in force from time to time. Please note that the public charges may vary depending on the country You reside in. Payment will be done at the time of purchase using the available payment methods.

Additional customs, duties as well as brokerage charges may however apply depending on the shipping destination and will be collected at the time of delivery. Please note that Limbic Software is not responsible for such charges.

Accepted payment methods are specified in the Online Shop web site. You can pick the payment method You wish to use during the checkout process. The payment interface uses SSL secure server with digital certificates (https://) and Your payment information is fully encrypted during the checkout process.

6    Intellectual Property Rights
Limbic Software (or its licensors) shall own all rights, title and interest in and to the Online Shop as well as any material in or provided through the Online Shop, including any copyright, patent, trademark, design right, trade secret and any other intellectual property rights (“Intellectual Property Rights”). You shall not receive any ownership rights by using the Online Shop.

7    Feedback
In connection with Your use of the Online Shop You may provide Limbic Software with suggestions, ideas, reviews, comments, questions or other information and/or material regarding the Online Shop (“Feedback”). After providing the Feedback to Limbic Software You continue to retain any Intellectual Property Rights to the Feedback that You may have and You grant Limbic Software and its partners a worldwide, perpetual, irrevocable and royalty-free right and license to use, copy, amend, modify, translate, further develop and make derivative works of the Feedback. You acknowledge that You also give to Limbic Software, without charge, the right to commercialize Your Feedback in any way and for any purpose. Limbic Software has no liability for any loss or damage suffered by You as a result of the disclosure or use of such Feedback.

You agree not to provide Limbic Software with Feedback that is subject to a third party license that requires Limbic Software to license the Online Shop or the material contained therein to third parties because Limbic Software includes Your Feedback in the Online Shop. Further, Limbic Software does not solicit or wish to receive any Feedback from You that is deemed confidential or proprietary, unless specifically so requested by Limbic Software. Any Feedback that You submit to Limbic Software will be deemed non-confidential or non-proprietary, unless Limbic Software has specifically stated otherwise.

Notwithstanding anything to the contrary, the protection of Your personal data is at all times subject to Limbic Software’s Privacy Policy http://shop.limbic.com/pages/privacy-policy.

8    Indemnification
You shall be liable and agree to indemnify Limbic Software and third parties for and against all damages, which are caused by Your unlawful behavior or Your breach of these Terms of Service.

9    Links to Third Party Sites
The Online Shop may contain links to sites, which are owned or operated by third parties (“Third Party Sites”). Limbic Software shall not be responsible for the content or for products or services offered by third parties. Further, the content on Third Party Sites may be subject to separate terms of service and/or privacy policies, the contents of which Limbic Software recommends You to review.

10    Force majeure
A force majeure event shall discharge Limbic Software from its obligations with respect to the Online Shop in the event that the said force majeure event prevents or unreasonably impedes the performance pertaining to the Online Shop. Examples of force majeure include fire, earthquake, flood, explosion, strike or other stoppage of work, orders of public authorities, disruption of energy supplies, shortage of raw materials or equipment, disruption of cable or other data communications caused by or arising from outside factors, or other comparable causes that were not foreseen and that could not reasonably have been prepared for in advance.

Limbic Software shall seek to announce force majeure through the Online Shop immediately whenever such announcement is possible.

11    Amendments and Termination
Limbic Software has the right to amend these Terms of Service by notifying You of such amendments reasonably in advance. Limbic Software delivers the amended Terms of Service to You via the Online Shop or some other suitable means at its discretion. Your continued use of the Online Shop after receiving the notification regarding such amendments shall be deemed as Your acceptance of the amended Terms of Service.

In case You object the entry into force of the amended Terms of Service and if You and Limbic Software do not agree otherwise in writing, Your right to use the Online Shop shall terminate on the date the amended Terms of Service enter into force.

Limbic Software may also at its discretion notify You of amendments and make the amended Terms of Service available without prior notice upon the next time You access the Online Shop and make it conditional for continued use of the Online Shop for You to specifically accept the amended Terms of Service (for example by clicking “Accept”). However, should You choose not to accept the amended Terms of Service made available to You in accordance with this paragraph Your right to use the Online Shop shall terminate immediately.

If, at any time, any provision hereof is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, the legality, validity or enforceability of the remaining provisions shall in no way be affected or impaired thereby. The invalid provision shall be replaced by a valid one which achieves the original purpose and commercial goal of the invalid provision to the extent possible.

12    Limitation of liability
The Online Shop is provided on an “AS IS” basis without warranties of any kind. Limbic Software does not warrant that the Online Shop will function without interruptions or error-free. Limbic Software shall not be liable for the correctness, exhaustiveness or reliability of the information or other material presented in the Online Shop nor for the content or other features of the products or services offered on or conveyed through the Online Shop. Further, Limbic Software shall not be liable for the content in the Online Shop, including without limitation the data, or any other information exchange media on or connected with the Online Shop.

Limbic Software shall not be liable for direct or indirect damages caused by a possible delay, a change or loss of a service, product or material transferred through the Online Shop. Limbic Software is not liable for direct or indirect damages caused by interruptions and disturbances including loss or delay of data or changes in data due to technical defects or maintenance. Further, Limbic Software disclaims any liability for direct or indirect damages caused to You by harmful programs (viruses, worms or the like) or incorrect content in the Online Shop. Limbic Software bears no liability for damages caused by You or by a third party.

Limbic Software’ maximum liability for direct damages caused to You or Your property is at all times limited to the amount paid by You for the Product(s) You have ordered via the Online Shop that gave reasons for the claim. Limbic Software is never liable for any indirect or unforeseeable damages caused to You at any given circumstances.

13    Applicable law and settlement of disputes
These Terms of Service and the contractual relation related thereto shall be governed by the laws of the state of California. Disputes arising out of these Terms of Service or the contractual relation related thereto will be attempted to be settled amicably. If no agreement is attained, the dispute shall be settled in state or federal court in Santa Clara County, California, and you consent to exclusive jurisdiction and venue in such courts.