These Terms and Conditions (hereinafter, referred to as “the Terms”) for the website www.evoninja.com (hereinafter, referred to as the “Website”) constitute a legal agreement between the user (“you”, “your”, “user”) of the Website and Evo Ninja (www.evoninja.com) (hereinafter, referred to as the “Company”). By using the Website, you acknowledge that you have read the Terms and agree to be bound by them. If you do not agree to the Terms, please do not use the Website. The Company grants you the right to use the Website only in case that you agree to the Terms.
1.1 The Website is a venue for owners of video game-related content (hereinafter, referred to as “Video Game-Related Content”) and potential purchasers of such Video Game-Related Content to meet and trade with one another.
2.1 You can make payments on the Website by using one of the following payment service providers: PayPal (www.paypal.com); WorldPay (www.worldpay.com); BitCoin (www.bitcoin.org); and Skrill (www.skrill.com).
2.2 The Company cannot accept liability for a payment not reaching the correct account due to you quoting incorrect personal information or an incorrect account number.
2.3 The Company cannot accept liability if payment is declined or refused by the payment service provider. We recommend you read the information provided on the website of the payment service provider.
2.4 If the payment service provider declines payment, the Company is under no obligation to bring this fact to your attention. You should regularly check with the payment service provider that payment has been deducted from your account.
2.5 Once you start downloading the Video Game-Related Content, you may no longer withdraw from the purchase and explicitly acknowledge that you lose your right to withdraw from the purchase.
2.6 When you make payments through the Website, our payment service providers may collect from you payment information that is necessary to make the payments requested by you. We DO NOT store your credit/debit card information in our databases. Our payment service providers handle all the steps in the secure transaction process, including data submission and payment data collection and directly on their websites. You should provide your personal data to those payment service providers only (1) after reviewing their privacy policies and (2) understanding what kind of personal data the relevant payment service provider will collect from you.
3.1 Once you request to download Video Game-Related Content, the download will commence immediately.
4.1 The Website contains materials that are owned by the Company (hereinafter, referred to as “Company’s Content”). Such materials include, but are not limited to, text, images, and source code. Company’s Content is intellectual property of the Company. Company’s Content is protected by the intellectual property law of the United Kingdom and the applicable international intellectual property laws.
5.1 You agree not to submit any Video Game-Related Content or other material that:
(i) contains malware, including, but not limited to, Trojan horses, viruses, worms or other software that can alter, interrupt, impede, limit or destroy the performance and/or functioning of any software, hardware, or other equipment;
(ii) violates the applicable privacy laws;
(iii) is an advertisement or promotion for any product or service that had not been approved in writing by the Company;
(iv) constitutes an unfair or deceptive trade practice;
(v) infringes the intellectual property rights of others;
(vi) is false or misleading;
(vii) is racially, ethnically or otherwise objectionable in any manner;
(viii) is abusive, defamatory, harassing, hateful, libelous, obscene, profane, sexually explicit, threatening, and vulgar;
(ix) promotes the use of alcohol and tobacco;
(x) promotes the use of illegal drugs or any other illegal substance;
(xi) constitutes spam or other abusive messaging;
(xii) is submitted by using fake email addresses;
5.2 The Company further reserves the right, in its sole discretion, to remove any Video Game-Related Content from the Website that it deems to be in violation of the foregoing requirements.
5.3 You will be solely responsible and liable for, and will indemnify the Company and its officers, directors, employees and agents from and against any losses, expenses, liabilities, claims, costs, and damages arising from your Video Game-Related Content.
.4. By submitting Video Game-Related Content to the Website, you grant to the Company unrestricted, royalty-free, perpetual, and irrevocable rights to use, copy, store, transfer, and display your Video Game-Related Content for the purpose of the Website.
6.1 If you would like to subscribe for our newsletter, you need to use “Sign up for newsletter” functionality available on the Website.
6.2 If you would like to unsubscribe from our newsletter, please use the unsubscribe link included in any newsletter submitted by the Company to you.
6.3 By signing up for our newsletter, you agree that the newsletter will be delivered by MailChimp, which is a trading name of Rocket Science Group, LLC. Rocket Science Group, LLC is a limited liability company based in the United States.
7.1 If you would like to submit your support query to us, please send us an email at [email protected] or contact our live support.
8.1 Subject to the provisions in the Terms, the Company grants you a personal, nonexclusive, nontransferable, non-sublicenseable, limited license to use the Website.
9.1 Unless explicitly allowed in the Terms, you may not: (i) copy Company’s Content; (ii) distribute Company’s Content; (iii) adapt, translate, reverse engineer, make alterations, decompile, disassemble or make derivative works based on Company’s Content; (iv) use, rent, loan, sub-license, lease, distribute or attempt to grant other rights to Company’s Content to third parties.
10.1 All Company’s Content featured or displayed in or through the Website and all trademarks, service marks and trade names of the Company included therein, are intellectual property of the Company, its licensors, vendors, agents and/or other content providers.
10.2 All Video Game-Related Content is owned by their respective owners and the Company is not responsible in any manner for that content.
11.1 You represent and warrant that: (i) you have the authority to bind yourself to these Terms; (ii) you will use the Website only for purposes that are permitted by these Terms; (iii) your use of the Website will comply with all applicable laws; (iv) you are at least 18 years of age;
13.1. The Company will use reasonable efforts to make the Website available at all times. However, you acknowledge that the Website is provided over the Internet and so the quality and availability of the Website may be affected by factors outside our reasonable control.
13.2. The Company does not accept any responsibility for unavailability of the Website due to bandwidth problems, equipment failure, or acts of God.
14.1 The Website may contain links to other websites. The Company is not responsible for the content of those websites.
We have a zero tolerance approach to fraudulent and fictitious chargeback claims.
You permanently and irrevocably waive any and all rights to use the Website once a Chargeback (that is, a disputed, reversed or contested charge with the applicable bank, credit card, PayPal or Skrill payment) is issued, and you will be blacklisted from utilising any products or services provided by evoninja.com indefinitely.
You also forfeit any further right to a refund from evoninja.com if you choose to escalate or contest the purchase with your applicable bank, credit card, PayPal or Skrill.
If we receive a payment which is deemed fraudulent by PayPal or Skrill, including the use of stolen credit cards, stolen or compromised bank accounts or PayPal or Skrill accounts then full details of the payment including the buyers Name, Email Address, IP Address and ISP information will be forwarded to the relevant authorities including the Internet Service Provider used to commit the fraud, law enforcement agencies and online fraud databases.
16.1 THE COMPANY IS LICENSING THE WEBSITE “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY, FOR ANY PURPOSE, OF THE WEBSITE. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND ITS OPERATION. THE COMPANY EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
17.1 TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR OTHER RELATED OR SIMILAR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE CONNECTED WITH THE USE OF OR INABILITY TO USE THE WEBSITE, AND FOR ANY CAUSE OF ACTION, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
18.1 These Terms are effective until terminated.
18.2 The Company may terminate the Terms at any time at its sole discretion by sending you an email or a message in the Website. Additionally, your rights under these Terms will terminate automatically if you fail to comply with any of the provisions contained in the Terms.
18.3 Upon termination, all legal rights and licenses granted to you hereunder shall terminate immediately and you shall cease all use of the Website.
19.1 The Terms shall be governed by the laws of the United Kingdom.
20.1 To the extent not prohibited by law, any claim arising out of or relating to your use of the Website shall be settled by binding arbitration in accordance with the rules of net-ARB.com. The costs of arbitration shall be initially borne by the claimant and later apportioned by the arbitrator. The arbitrator’s decision will be binding and may not be appealed. A judgment of a court having jurisdiction may be entered upon the arbitrator’s award.
21.1 The Company reserves the right to modify or amend these Terms from time to time by sending you an email or a message in the Website. If you continue using the Website following the receipt of such an email or a message, you declare that you accept those changes.
22.1 These Terms have been last amended on 23 November 2014.