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ONLINE PRIVACY POLICY
Maintaining your privacy and trust is important to New
York Game Factory, LLC ("NYGF"). On this web site (the "Site"),
NYGF brings you information about our company, our affiliates, our games
and other sites on the Internet that may be of interest to you.
NYGF believes that it is important for our online visitors to be aware of the types of information collected and how that information is used. NYGF respects the privacy rights of our online visitors and is committed to protecting that privacy by providing you with a secure online environment. We therefore encourage you to read the NYGF Online Privacy Policy ("Privacy Policy") before using our Site or submitting any personal information to NYGF.
If you have any questions, complaints, or comments regarding our Privacy Policy, please contact us at or New York Game Factory, LLC, Attn: Customer Service, 23 East 22nd Street, New York, New York 10010. Please note that this Privacy Policy applies only to the NYGF Site and does not apply to web sites for companies, organizations or persons to which we link. In addition, this Privacy Policy applies only to the information that NYGF collects online, not offline.
NYGF's Collection and Use of
Personal Information
NYGF does not require that anyone register in order to visit our Site.
However, certain areas of our Site contain special sections and promotions
for members that register and/or decide to purchase a NYGF product. If
you choose to register for a contest, complete an online customer survey
or purchase a product, NYGF will request certain personal information.
You must be over 18 to provide any personal
information. (Our policy with respect to Site visitors who
are under the age of 18 is set forth below.)
If you decide to purchase a NYGF product online we will collect information associated with the transaction, such as your first and last name, mailing address, phone number, e-mail address, and credit card number information. If you choose to register for a contest or complete an online survey, we may ask you to provide demographic information (e.g., age category, gender, educational level, products that you own or that are of interest to you), as well as your full name and contact information. We use industry standard encryption technologies when transferring and receiving customer data exchanged with our Site during a purchase, including SSL (Secure Sockets Layer) encryption for the transmission of credit card information. We believe that we have appropriate security measures in place at our hosting provider's facilities to protect against the loss, misuse, or alteration of information that is collected. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure and any transmission that you conduct to or from our Site is done at your own risk.
NYGF uses the personal information that you provide for the specific purpose for which the information was provided. For example, if you register in a contest, we will use the registration information to notify contest winners, if you contact NYGF with a question, request or complaint, we will use your information to respond, or if you purchase a product, we will use the purchase information to fulfill the order. NYGF may also use information that you provide to us to contact you periodically with product information and news, special offers and other bits of information that we think are worthy of contacting you about. If you decide that you do not want to receive e-mail from NYGF, simply follow the unsubscribe instructions included in the e-mail.
For promotions and other "giveaways" that are co-sponsored
by NYGF and another company, the data collected during the promotion may
be shared with the sponsor. We will try to notify Site visitors prior
to or contemporaneous to the data collection or sharing. As always, it
is up to you to decide whether or not to participate in the promotion.
NYGF's Disclosure of Personal
Information
NYGF will not disclose, sell, share, rent, release or otherwise provide
any of the personal information collected from and about our customers
and Site visitors to any third-party unless we have your permission or
we have a good faith belief that such disclosure is mandated by law, including,
without limitation, disclosure to law enforcement or other government
officials in connection with an investigation of fraud, intellectual property
infringements, or other activity that is illegal or may expose NYGF or
you to liability to a third-party or any local, state or federal law enforcement
or other governmental agency.
Notwithstanding the foregoing, from time to time, we may disclose demographic information about our Site visitors on an aggregate basis, such as X% live in urban areas or X% are college graduate. This type of information cannot be used to personally identify any particular Site visitor. We may also disclose personal information to independent contractors, service providers or consultants in connection with NYGF's internal sales, marketing and promotional efforts.
Cookies
NYGF uses cookies to store and track information about our customers and
Site visitors during a purchase, and may use cookies in other ways in
the future. For example, we may use cookies to record how often and for
how long specific content is viewed (with the Privacy Policy most likely
ranking pretty low). We may also use cookies to record past activity on
the Site in order to provide better service when you return. NYGF does
not use cookies to retrieve information from your computer that we did
not send originally in a cookie. NYGF also does not use cookies for direct
marketing or promotional purposes or to collect information specifically
about you.
You can choose whether or not to accept cookies by changing your browser's security settings. Please note that some Site offerings, such as product purchases, will not be available to you if you have chosen not to accept cookies.
Linking to Other Web Sites
NYGF provides links from our Site to various third party web sites. This
Privacy Policy does not cover the information practices of any other web
site that is linked from this Site. Thus, when you link to any other sites
from this Site, this Privacy Policy no longer applies and NYGF does not
control the activities of those sites. We encourage you to read the privacy
policy of the linked site before submitting personal information.
Site Visitors Under 18
NYGF's contests, promotions and product purchases explicitly exclude Site
visitors under the age of 18. We have created these exclusions to facilitate
our adherence to the requirements of the Children's Online Privacy Protection
Act of 1998. Thus, Site visitors under the age of 18 cannot directly participate
in NYGF promotions or surveys or purchase a NYGF product and can only
participate and make purchases through a parent, guardian, family member
or friend who is over the age of 18. All information that is supplied
by someone under the age of 18 (as determined by the age category that
is submitted) is deleted and neither saved nor used by NYGF for any purpose.
NYGF reserves the right to change this Privacy Policy at any time. We therefore encourage you to visit this page from time to time to check for changes. Additional information about our Site can be found in our Terms of Use.
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TERMS OF USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS WEB SITE. By using the New York Game Factory, LLC ("NYGF")
Web site (the "Site"), you signify your agreement to be bound
by these terms and conditions of use (the "Terms of Use"). If
you do not agree to these Terms of Use, please do not use this Site.
NYGF reserves the right, at any time, to change, amend, modify or discontinue any content or feature of the Site, or to change, amend or modify the terms and conditions contained in these Terms of Use. Continued use of the Site following any change, amendment or modification will be deemed an agreement to such change, amendment or modification. Accordingly, you should review periodically these Terms of Use.
COPYRIGHT AND TRADEMARK NOTICE
This Site is owned and operated by NYGF. Unless otherwise
specified, all materials appearing on this Site, including the text, site
design, logos, graphics, icons, and images, as well as the selection,
assembly and arrangement thereof, are the sole property of NYGF. ©
2004, New York Game Factory, LLC, All Rights Reserved. All software used
on the site is the sole property of NYGF or those supplying the software.
"New York Game Factory", "So Sue Me!", "Sue your friends. Take their stuff.", "The game where you sue your friends.", "Unfair Advantage Cards" , "Lawsuit Cards", the "CopyRats", "S.U.Vicious", and "Lady Injustice" are trademarks of NYGF. Unless otherwise designated as a third-party trademark or servicemark, all other marks, graphics, trade names and logos appearing on the Site are trademarks or trade dress of NYGF.
You may use the content of this Site only for the purpose of viewing Site content or placing an order for a NYGF product. No materials from this Site, including, without limitation, copyright materials and trademarks, may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or by any means without the prior written consent of NYGF. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
If you believe that any material or content posted on this Site infringes upon any copyright or trademark which you own or control, please notify NYGF. Your notification should include your name and contact information, a description on the copyrighted material or trademark that you claim has been infringed and the basis for the claimed infringement and should be sent to: New York Game Factory, LLC, Attn: Customer Service, 23 East 22nd Street, New York, New York 10010.
WARNING, DISCLAIMER, LIMITATION
OF LIABILITY, AND INDEMNIFICATION
WARNING RELATED TO CHILDREN
NYGF games, including, without limitation, SO SUE ME!™,
are intended for use by players age 16 and older. NYGF games include small
playing pieces that could conceivably be swallowed by children or animals
and, if swallowed, may cause choking that could cause severe injury or
death.
DISCLAIMER
THIS SITE AND THE NYGF PRODUCTS SOLD ON THIS SITE ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NYGF EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
PARTICULAR PURPOSE AND NON-INFRINGEMENT. NYGF DOES NOT REPRESENT OR WARRANT
THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION CONTAINED
ON THIS SITE AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR NYGF'S
SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT NYGF, ITS MEMBERS, DIRECTORS,
OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, AFFILIATES, REPRESENTATIVES AND
ASSIGNS SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT
OR USE OF THE SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY RELATED
TO YOUR USE OF THE SITE IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF
ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, COMPENSATORY,
SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. YOU FURTHER EXPRESSLY
AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO NYGF ARISING FROM
ANY PRODUCT SOLD ON THIS SITE SHALL BE THE PRICE OF THE PRODUCT ORDERED.
IN NO EVENT SHALL NYGF OR ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES,
ATTORNEYS, AGENTS, AFFILIATES, REPRESENTATIVES AND ASSIGNS BE LIABLE FOR
SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, COMPENSATORY OR PUNITIVE
DAMAGES RELATED TO ANY PRODUCTS SOLD.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless NYGF, its
members, directors, officers, employees, attorneys, agents, affiliates,
representatives and assigns from and against all claims, damages, losses,
costs and expenses, including, without limitation, reasonable attorneys'
fees, arising from your breach of these Terms of Use, your use of the
Site and/or your violation of the rights of any third party. This indemnification
applies equally to threatened suits, demands or claims.
ONLINE PURCHASES
Posted Prices
NYGF reserves the right to change any prices that are
shown on this Site without notice. Product prices are determined as of
the beginning of shipment, exclusive of applicable taxes and shipping
and handling charges. The product price, taxes, if any, and shipping and
handling chares will be visible on your invoice at Check Out prior to
the completion of your purchase.
Shipping and Payment
All shipping schedules are estimates and cannot be guaranteed;
NYGF is not liable for any delays in shipping products to you. Full payment
must be received by NYGF prior to shipping and C.O.D. payment is not permitted.
NYGF only accepts credit card payment on the Site and cannot accept cash
or personal checks for online purchases.
Credit Card Security
NYGF uses SSL (secured socket layer) encryption technology when transferring
and receiving credit card information. Please refer to the NYGF Online
Privacy Policy for a description of how NYGF protects your personal information.
Return Policy
You can return any NYGF product purchased through the
Site if the product and packaging are returned in their original condition
within thirty (30) days of shipment to you. Enclose a copy of your invoice
showing your purchase and send the product (via insured UPS) to: New York
Game Factory, LLC, Attention: Product Returns, 23 East 22nd Street, New
York, New York, 10010. Once we receive your return, we will credit your
credit card the purchase price and any applicable tax. Unfortunately,
shipping and handling fees cannot be refunded. At this time, NYGF cannot
process requests for exchanges.
Typographic Errors
In the event a product is listed at an incorrect price due to typographical
error or error in pricing information received from our suppliers, NYGF
shall have the right to refuse or cancel any orders placed for any product
listed at the incorrect price. NYGF shall have the right to refuse or
cancel any such orders whether or not the order has been confirmed and
your credit card charged. If your credit card has already been charged
for the purchase and your order is canceled, NYGF shall immediately issue
a credit to your credit card account in the amount of the incorrect price.
LINKS TO OTHER WEB SITES
NYGF makes no representations regarding the content of any
other Web sites that you may link from this Site (the "Linked Sites").
NYGF has no control over the content of Linked Sites and your ability
to access such sites from this Site does not constitute an endorsement
by or association with NYGF of Linked Site or the content, products, advertising,
information, data or other materials presented on Linked Sites. NYGF does
not monitor or play any role in developing the content of Linked Sites.
You acknowledge and agree that NYGF is not responsible or liable, either
directly or indirectly, for any damage or loss caused by or in connection
with use of a Linked Site.
If you are interested in becoming a Linked Site, or linking this Site to your Web site, please e-mail your request to NYGF at info@nygamefactory.com. NYGF reserves the right to block or request removal of links to this Site in its sole and absolute discretion.
SUBMISSIONS
Any materials or information (exclusive of personal
information such as your name, biographic data and contact information)
that you submit to NYGF are the sole property of NYGF, including, without
limitation, comments, suggestions, feedback data, questions, ideas, plans,
notes, tips, answers, original or creative materials or other materials
(collectively, "Submissions"). You agree that any Submission,
whether transmitted to NYGF in the form of e-mail, postings on the Site,
facsimile, mail or some other form of transmission, is non-confidential
and that, by transmitting any Submission, you relinquish and irrevocable
waive any ownership interest or "moral rights" to such Submission.
NYGF shall own exclusive rights, including, without limitation, intellectual
property rights, to any Submission and shall be entitled to reproduce,
use, disclose, display, exhibit, sell, transmit, modify, edit and distribute
the Submission without limitation, for any purpose and without acknowledgement
to you. In addition, NYGF shall be free to use any ideas, concepts, know-how
and techniques contained in your Submission for any purpose whatsoever,
including, without limitation, modifying existing products and developing
and marketing new products. You agree to execute any and all documents
in connection with confirming NYGF's ownership of and unlimited right
to use your Submission.
By transmitting any Submission to NYGF, you represent and warrant that the Submission (i) is original to you, (ii) does not infringe or violate the rights of any third party, including, without limitation, intellectual property rights, and (iii) does not violate any local, state or federal laws.
MISCELLANEOUS
Privacy
Maintaining your privacy and trust is important to NYGF.
Please refer to the NYGF Online Privacy Policy
for a description of the company's privacy policy.
Termination
NYGF reserves the right to terminate your use of the Site at
any time in its sole and absolute discretion. You may also terminate your
use of the Site at any time.
Choice of Law and Time Limitations
These Terms of Use are governed by the laws of the State of
New York, without regard to its conflict of law rules. The sole jurisdiction
and venue for any claim, action, suit or proceeding arising from your
use of the Site or any product purchased on the Site shall be an appropriate
federal or state court located in New York County, New York. You hereby
irrevocable and unconditionally consent to the exclusive jurisdiction
of such courts over any such litigation. You further agree that any claim
or cause of action arising out of or related to your use of the Site must
be filed within one (1) year after such claim or cause of action arose
or be forever barred, regardless of any statute of limitations or law
(common or statutory) to the contrary.
Severability
In the event any one or more terms or provisions of these Terms
of Use is held invalid or unenforceable by a court or authority having
competent jurisdiction over the parties, such term or provision shall
be validly reformed to as nearly as possible approximate the intent of
the parties and, if not reformed, shall be divisible and deleted in such
jurisdiction and the remainder of these Terms of Use shall not be affected
and shall remain in full force and effect.
These Terms of Use shall constitute the entire agreement between the parties on the subject matter hereof and supersedes and terminates all prior understandings or agreements. If you have any further questions or comments regarding these Terms of Use, please contact us at info@nygamefactory.com.
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©2004 New York Game Factory, LLC, All Rights Reserved