Interplay Art (IA) Shopping Terms and Conditions

Shopping Terms and Conditions

By using this Site or by placing an order through it, you agree as follows:

1. Privacy, Security and Protecting Your Password

1. Our privacy policy is a part of this Agreement and its terms are incorporated by this reference. Please read it now (by clicking on "Privacy Policy"). The policy explains how certain information about you may be used. You acknowledge and agree that IA may exchange, use and store information about you and your orders in accordance with our Privacy Policy.
2. License to Use this Site

Under the Terms of Site Use (the "Site License"), we grant you the right to view and use this Site in accordance with the Site License terms. You may download and print copies of the Site License terms and these Shopping Terms & Conditions and of screens from this Site for the purpose of retaining records of your transactions at this Site. Subject to applicable law, IA reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of this Site with or without notice.

3. Information About IA Licenses. Please visit the Copyright and License Information Page.
4. Warranties & Warranty Disclaimer

IA warrants that the Interplay Art is created and shipped defect-free.

5. Exclusive Remedy; Damage Exclusions & Limitations

Unless an IA license or other IA contract provides for different remedies, damages or limits, your exclusive remedy against IA for any breach of warranty or contract including without limitation the Privacy Policy, is limited to repair or replacement with respect to the Products shipped or downloaded, at IA’s option and subject to applicable law. EXCEPT FOR DAMAGES THAT ARE REQUIRED TO BE PAID BY LAW, YOU WILL BE ENTITLED ONLY TO THE DIRECT DAMAGES THAT YOU ACTUALLY INCUR IN REASONABLE RELIANCE, UP TO THE AMOUNT OF A REFUND OF THE APPLICABLE PRICE (PLUS SALES TAX) THAT YOU PAID FOR THE PRODUCTS. YOU WILL NOT BE ENTITLED TO ANY INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY, INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE OR NEGLIGENT MISREPRESENTATION, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, EVEN IF THE FAULT OF ICT (OR ANY SUPPLIER), TORT (INCLUDING NEGLIGENCE), STRICT OR PRODUCT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY, AND EVEN IF IA OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCLUDED DAMAGES SHALL INCLUDE COSTS AND ATTORNEYS FEES. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES WILL APPLY EVEN IF ANY REMEDY FAILS.

6. Your Representations & Warranties

In placing an order, you represent and warrant for the benefit of IA that: (a) you are at least 18 years old; (b) you have the legal right and ability to enter into the Site License and make the credit card charge on your own behalf (or on behalf of any person for whom you are acting as agent), or that you are authorized to use the password required for this Site; and (c) all information that you submit to us is true, accurate and current.

7. Electronic Communications; Notices

Shopping at this Site is conducted electronically. You agree that we may communicate with you electronically. For example, we may contact you through email asking about your experience with IA, send email notices and other disclosures about your orders. If you forget or lose your password, you agree that we may supply it by email to your computer. Because email delivery is not infallible, you agree to contact IA for order information, such as order status or shipping delays. You agree to keep all records relating to your order, including, where possible, printing a copy of your order confirmation page. To the extent allowed by law, you agree that the communication described above replaces and satisfies any law that provides for different methods or timing for your receipt of notices relating to your transaction. IA reserves the right to deliver notices and disclosures by other means, such as US mail and commercial delivery services, and to receive notices in writing when that method is specified elsewhere in this Agreement.

8. Submission of Comments, Ideas and Other Information

Any comments or information that you provide to IA, for example feedback or ideas in response to a customer survey regarding this Site, suggestions, ideas, concepts, or other information (collectively, "Submissions"), shall be deemed and remain the property of IA. No Submission shall be subject to any obligation of confidence on the part of IA. IA shall not be liable for any use or disclosure (including publication in any medium) of any Submissions. Without limitation of the foregoing, IA shall exclusively own all now known or hereafter existing rights to Submissions of every kind and nature. IA shall be entitled to unrestricted use of Submissions for any purpose, commercial or otherwise, without compensation to the provider of Submissions.

9. Promotions

IA does not offer any promotions (such as special price discounts) unless the promotion on this Site explicitly so states. You agree that offers from non-IA companies on this Site are solely liable for their promotions and that IA is not liable. You also agree to comply with all terms of a promotion. Some promotions will be subject to quantity and other restrictions, including without limitation, time limits that could expire during your visit to this Site. IA reserves the right to withdraw or refuse to honor any promotion that has been altered or modified, other than by IA.

10. Order Availability, Shipping & Cancellation

1. All Products ordered from IA are subject to availability and are only available for acquisition and shipment in the USA. We reserve the right to reject any and all orders. Subject to applicable law, IA reserves the right to deliver Products acquired as part of your order at different times if they are not available for shipment at the same time. IA also reserves the right to limit the quantity of any Products that may be obtained by you through this Site.
2. All orders placed through this Site are shipment contracts, not destination contracts. If you would like your Products delivered at a particular location, you will be responsible for the shipping charges. Shipping and handling charges may or may not reflect actual costs and may be amended by IA from time to time.
3. You may cancel all or any part of your order before you submit the order. You may not cancel the product has been manufactured, or after shipment, but may return any Product that qualifies for return under any applicable return policy.
11. Payment; Credit for Refunds & Pricing

1. Only valid credit cards acceptable to IA may be used for orders placed with IA on this Site. Any refunds will be credited to the same card. By submitting your order for processing, you authorize us to charge your order (including taxes, shipping, handling and any amounts described on this Site before order submission) to your card. If your card cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or canceled automatically. You agree to update your card information to keep it current at all times and that we may submit charges for processing even if your card has expired. You must resolve any problem before proceeding with your order.
2. All prices and availability of Products are subject to change without notice. Taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.
12. Geographical & Export Restrictions

Products may be shipped only to customers who reside in the USA. You represent and warrant that you reside in the USA and that all Products you obtain from IA are subject to applicable export control laws and regulations of the United States Government. You agree not to export or re-export software or hardware, directly or indirectly, to any country not permitted by United States export restrictions (see any applicable license for more details).

13. Changes to Shopping Terms & Conditions

This Site is like a store: every time a customer enters a store, the customer is bound by the rules in effect on the date of the customer’s visit. Similarly, at this Site, you are bound by the version of the Site License and these Shopping Terms that are in effect on the date of your order. The terms of the Site License and these Shopping Terms may change from time to time, so please remember to review them periodically.

14. Entire Agreement