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Terms of Service

last updated: 15.9.2020

 

GAME CHANGER a.s. (we” or “us”), provides its website, including but not limited to conceptar.com (the "Site") to you subject to the following Terms of Service that govern your access and use of the Site, including any content, functionality, and services offered on or through the Site. The Site is provided as a service to our customers. Please review the following terms and conditions of use, including an Arbitration Agreement, which govern your use of the Site (the “Agreement”).

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT LIMITATIONS OF LIABILITY AND RESOLUTION OF DISPUTES THROUGH ARBITRATION RATHER THAN IN COURT.

I.               General Terms

YOUR ACCESS OR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE AGREEMENT AND OUR PRIVACY POLICY. WE RESERVE THE RIGHT TO UPDATE OR MODIFY THIS AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE AGREEMENT WHENEVER YOU ACCESS OR USE THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THIS SITE.

We may modify the Agreement at any time without notice, effective upon posting updated Terms of Service to the Site. Your continued use of the Site constitutes your acceptance to the updated Terms of Service. We have the right, but are not obligated, to strictly enforce the Terms of Service.

II.             Establishing a User Account

Use of the Site is made available only to persons over the age of 13 and to persons who can form legally binding agreements under applicable law. Although users of all ages are welcome to browse the Site, the Site is not intended to be used by children under the age of 13 and children under the age of 13 are not to submit any personally identifying information through the Site. In addition, you may only establish an account if you are 18 years of age or over.

In order to purchase goods from the Site and in order to access/use some features on the Site, you may be required to establish and use an account (“User Account”). You may also order goods without registration, directly from the online interface of the Site. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your User Account. When you register for an User Account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an User Account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for the account. The data you enter into the User Account and when ordering goods from us are assumed to be correct. You are responsible for maintaining the confidentiality of your User Account information and password and for restricting access to such information and to your computer. All activities that occur under your User Account or password shall be your responsibility.

III.          Availability of Products, Services, Features and Content

All products, services, features and content available on or through the Site, including but not limited to prices and availability of such products and services, are subject to change and discontinuation at any time, in our sole discretion, without notice. The receipt of an e-mail order confirmation does not constitute acceptance of an order or a confirmation or an offer to sell. All orders are subject to our review and approval. If we choose to accept an order, such acceptance will be deemed upon shipment.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same User Account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to, or cancel, an order we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

IV.           PAYMENT

Payment shall be made by a credit or debit card approved by GAME CHANGER a.s. or PayPal. Approved credit and debit card types are listed in the Site. You have to supply your payment details when you place your order. Your credit card may not be accepted if: (i) the name on the credit card does not match the billing name given or (ii) the billing address given does not match the bank records. Your payment will be charged on shipment of the ordered items. We will not supply the items to you until payment is confirmed. As your order confirmation email is your proof of purchase, we recommend that you save and print that document for your potential future use.

V.             Returns, Refunds, And Other Options

If the products you have received do not correspond to the ones you have ordered, or if your delivery is incomplete or damaged in transportation, please contact without delay our customer service by email address info@conceptar.com for assistance.

VI.           Errors, Inaccuracies, and Omissions

Information on our Site may contain typographical errors, inaccuracies, or omissions that relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

VII.         External Sites

The Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). You acknowledge that we are not responsible for the unavailability of, or the content located on or through, any External Site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

VIII.      Personal Information

Your submission of personal data through our Site is governed by our Privacy Policy.

IX.           Trademarks

Any GAME CHANGER a.s. trademarks displayed on this Site are trademarks or registered trademarks of GAME CHANGER a.s. All other trademarks are the sole property of their respective companies. Any and all use by you of the trademarks found on the Site is prohibited.

X.             Ownership of Website Content

The Site is protected to the maximum extent permitted by copyright and intellectual property rights laws and international treaties. All content displayed on or through the Site including but not limited to photos, product descriptions, data sheets, FAQs are owned exclusively by GAME CHANGER a.s. and/or its affiliated companies and/or suppliers and/or licensors and is protected by copyright or other laws, including as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, display or creation of derivative works from or redistribution of the Site, any content on the Site or the collective work, and/or copying is prohibited including but not limited to reproduction to any other server or location for further reproduction or redistribution, unless you have the express prior written permission of GAME CHANGER a.s.

XI.           Notice and Procedure for Making Claims of Copyright Infringement

GAME CHANGER a.s. respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide GAME CHANGER a.s.’s Digital Millennium Copyright Act (“DMCA”) designated agent the written information specified below:

·       An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

·       A description of the copyrighted work that you claim has been infringed upon;

·       A description where the material that you claim is infringing is located on the site;

·       Your address, telephone number, and email address;

·       A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

·       A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

GAME CHANGER a.s.’s Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:

Email: legal@conceptar.com

XII.         Prohibited Uses

In addition to other prohibitions as set forth in the Agreement, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (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 or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal data of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet.

Further, you may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Site. Notices and warnings communicated by us to you regarding the use and functions of the User Account must be followed by you. You may not use the Site for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Site to solicit other Site visitors or users to visit or become members of, subscribe to, or register with any commercial online service or other organization.

We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.

XIII.      Disclaimer Of Warranties

YOU AGREE THAT USE OF THE SITE, INCLUDING THE PURCHASE OF PRODUCTS SUCH AS MASKS, IS ENTIRELY AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE FOR, AND HEREBY DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS OFFERED BY THIRD PARTIES, RECEIVED THROUGH OR ADVERTISED ON THE SITE, OR ACCESSED THROUGH ANY LINKS ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITE.

FURTHER, WE SPECIFICALLY DISCLAIM THAT MASKS WILL PREVENT INFECTION OR THE TRANSMISSION OF VIRUSES OR DISEASES. MASKS ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND ANY MEDICAL QUESTIONS SHOULD BE DIRECTED TO YOUR HEALTHCARE PROVIDER. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT, INCLUDING ANY MASK, IS WITH YOU. SHOULD THE QUALITY OR PERFORMANCE OF THE PRODUCT PROVE DEFICIENT FOLLOWING ITS PURCHASE, YOU — AND NOT THE MANUFACTURER, DISTRIBUTOR, OR RETAILER — ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.

Masks are not designed or intended to prevent, mitigate, treat, diagnose or cure any disease or health condition, including COVID-19/Coronavirus. Masks are intended for general public use only. They are non-sterile and are not intended for use in any clinical or surgical setting or where exposure to bodily or hazardous fluids may be expected, where the risk of exposure through inhalation is high, or near intense heat or flammable gas.

XIV.       Limitation On Liability And Indemnity

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR MISUSE OF THE SITE, FROM YOUR INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY THIRD PARTY SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY THIRD PARTY INFORMATION, ADVICE, OR ADVERTISEMENT RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS ON THE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THE FOREGOING LIMITATIONS OF LIABILITY ARE APPLICABLE WITHIN THE STATE OF NEW YORK.

You agree to indemnify and hold GAME CHANGER a.s.’s, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, vendors, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of your use or misuse of the Site; your violation of the Agreement; or your breach of any of the representations and warranties herein. THE FOREGOING INDEMNIFICATION PROVISION SHALL NOT APPLY TO OUR OWN NEGLIGENCE OR INTENTIONAL CONDUCT.

XV.         Exclusions permitted by law

Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the above limitations in Sections XIII and XIV which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.

XVI.       Compliance with Applicable Laws; Export Control Laws

This Site is operated, in whole or in part, from the United States. User access to this Site is governed by all applicable federal, state and local laws. All information available on the Site is subject to United States export control laws and may also be subject to the laws of the country where you reside. All of our products are commercial in nature. We do not make any representations regarding the legality of access to or use of this Site or the information contained therein from other countries. Access in countries where the information contained herein or the products sold through this Site are illegal is prohibited. Users who access this Site from outside of the United States do so at their own risk and are responsible for compliance with applicable United States export and local country laws. By using this Site, regardless of where you live in the world, you consent to have your personal data transferred to and processed and collected in the United States, Canada and the European Union in compliance with our Privacy Policy.

XVII.     Dispute Resolution And Arbitration Agreement

Any controversy, claim, action or dispute arising out of or relating in any way to the Site and our services, any dealings with us and our customer service agents, any representations made by us, and/or your use of our Site (including without limitation claims relating to the breach of the Agreement, Privacy Policy or the unauthorized disclosure of personally identifiable information) ("Dispute"), will be resolved by binding arbitration, rather than in court, except that you may assert individual claims in small claims court if your claims qualify and so long as the matter remains in such court and advances only on an individual basis. This includes any Dispute or claim that arose before you accepted the Agreement, regardless of whether prior versions of the Agreement required arbitration.

Informal Dispute Resolution.

Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and GAME CHANGER a.s. agree to the following dispute resolution procedure: The party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent

(1) GAME CHANGER a.s., Kaprova 42/14, Prague – 110 00, Czech Republic

or

(2) to you at: your last-used billing address or the billing and/or shipping address in your online profile.

Both you and GAME CHANGER a.s agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.

Arbitration Agreement.

To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration. You agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute. You and GAME CHANGER a.s expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision.

You may begin an arbitration proceeding by sending a letter requesting arbitration to:

GAME CHANGER a.s., Kaprova 42/14, Prague – 110 00, Czech Republic

 

If the claim has not been resolved within 30 days of sending the notice you may then commence an arbitration proceeding. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules and forms are available at www.adr.org or by calling (800) 778-7879.

You agree that the arbitration shall be conducted by the AAA pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. We will reimburse those fees for claims totaling less than $10,000 if the arbitrator rules in your favor on any material aspect of your claim. We waive our right to seek attorneys’ fees and costs in arbitration. However, if your claim is deemed by the arbitrator to be frivolous or brought in bad faith or with an improper purpose, as measured by the standards of Federal Rule of Civil Procedure 11, then the arbitrator may award us the reimbursement of its costs and arbitration fees against you and/or your counsel. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. You further agree that if your arbitration claim is filed at or around the time of other similar claims by the same or related counsel, you agree that your claim may be temporarily stayed or phased to allow the AAA to establish efficient and fair adjudication procedures.

In lieu of arbitration, either you or GAME CHANGER a.s. may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. Also, even if all parties have opted to litigate a claim in court, you or GAME CHANGER a.s. may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in any related or unrelated lawsuit, including modifying an individual claim to assert a class, representative or multi-party claim. Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun, or a final judgment entered.

Waiver of Right to Bring Class Actions and Representative Claims. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court; however, any relief must be individualized to you, and shall not affect any other customer. You and GAME CHANGER a.s. agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and GAME CHANGER a.s. hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.

Other Terms. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or your use of the Site ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.

XVIII.  Termination

With the exception of the Arbitration Agreement, which shall survive the termination of these terms, these terms are effective unless and until terminated by either you or GAME CHANGER a.s. You may terminate this Agreement at any time. GAME CHANGER a.s. also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

XIX.       Governing Law; Entire Agreement

To the fullest extent permitted by law, the Agreement and any claim or Dispute arising out of or relating to our services, the Agreement, the Privacy Policy, or your use of the Site, will be governed by and construed in accordance with the laws of the State of New York, without regard to its choice of law provisions, and not by the 1980 United States Convention on Contracts for the International Sale of Goods, with the exception of the Arbitration Agreement below, which shall be governed by the Federal Arbitration Act. Except as otherwise prohibited by law, any claim or Dispute must be brought within one (1) year from the date the cause of action arises. Any claim or Dispute arising out of or relating to our services, the Agreement, the Privacy Policy or your access or use of the Site shall be subject to the exclusive jurisdiction of state or federal courts in New York County, in the State of New York and you hereby consent and submit to the personal jurisdiction of such courts. The Agreement and the Privacy Policy constitute the entire agreement between you and GAME CHANGER a.s. with respect to the subject matter of the Agreement and Privacy Policy.

XX.         Severability and Survival

If any portion of this Agreement, including the Arbitration Agreement, is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from the Agreement; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

XXI.       Contact Information

Our contact information:

postal address: conceptar.com,

GAME CHANGER a.s., Kaprova 42/14, Prague – 110 00, Czech Republic

e-mail address: info@conceptar.com.