Thomas Roache and Mike Slater, partners of Red Duke Games, LLC (referred to herein as "Red Duke Games", "We", "Us", "Website" or collectively, as "Company").
This page states the "Terms and Conditions" of Red Duke Games under which You (the "User"), may use Red Duke Games, (the "Website") and any good, service or information available on the Website. The Terms and Conditions are a legally binding contract.
By using this Website, You are indicating Your acceptance to be bound by the terms of these Terms and Conditions and are indicating that You are at least eighteen (18) years old.
Red Duke Games, a division of Red Duke Games, LLC, (the “Company”) may revise these Terms and Conditions at any time by updating this page. It is advised that the User periodically review the Terms and Conditions, because they are binding on the User. If at any time You find the Agreement unacceptable, You should no longer use the Website. The terms “You” and “User” as used herein refer to all individuals and/or the entities they represent (jointly and severally) accessing this Website for any reason and include, but are not limited to, “Quilt Shops” (person(s) or entity that is accessing the Website to obtain information about starting or operating a quilt shop).
ALL SALES ARE FINAL. If you purchase it, you own it. There are NO REFUNDS offered for any downloadable products you purchase.
Use of Material.
The Company authorizes You to view the Material (defined below) on the Website and in emails from the Company solely for the purpose of enhancing your knowledge and skills.
The compilation (meaning the collection, arrangement, and assembly) of all content on this Website is the exclusive property of the Company and protected by copyright laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Material on any copy You make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose not expressly authorized in these Terms of Use. You may not “frame” the Materials or display the Material through any other URL or in conjunction with another company name or trademark. You shall not copy the HTML code that the Company creates to generate its Web pages.
The Website is intended for individuals looking for games and entertainment. You may use this Website only for lawful purposes within the stated context of the Website’s intended and acceptable use. Red Duke Games is the sole interpreter of the Website’s intended and acceptable use. As a member, this authorizes You to view the material on the Website and in emails from the Company solely for your use. Your use of the Website is a privilege. Red Duke Games reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
Intellectual Property Rights.
The Website and all owner-created content are the right, title and interest in and to the Website is the sole property of Red Duke Games, a division of Red Duke Games, LLC or its licensors, and is protected by U.S. copyright and international treaties. Except for the limited licenses expressly granted to you in these Terms and Conditions, Red Duke Games reserves for itself and its licensors all other rights, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. This includes copying or adapting the HTML code used to generate Web pages on the Website, the Website’s design logo and certain other names or logos which are service marks or trademarks of Red Duke Games, and all related product and service names, design marks and slogans which are the service marks or trademarks of Red Duke Games. In addition, the “look” and “feel” of the Website (including color combinations, button shapes, layout, design, and all other graphical elements) are also protected by Red Duke Games trademarks, service marks and copyrights. All other product and service marks contained on the Website are the trademarks of their respective owners.
Registration & User Information.
The Company may require that You register and provide the Company with certain information including, name, mailing address and a valid e-mail address (Your “User Information”). The Company will not ever disclose to any third party (other than agents and subcontractors of Company) Your name, mailing address, e-mail address or telephone number without Your prior consent except as provided in these Terms of Use (including Privacy Policy), to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. The Company may offer third party services and products to You based on the preferences that You provide in Your registration and at any time thereafter; such offers may be made by the Company or by third parties.
The Company may elect to, in its sole discretion, investigate and take action based on allegations by a party that another party violated these Terms of Use (however, the Company is not required to do so). The Company need not verify or assess the accuracy of any User Content or User Information.
Nothing on the Website shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web Website, products, services, experience, or otherwise.
The Material may contain inaccuracies or typographical errors.
Red Duke Games makes no representations about the accuracy, reliability, completeness, or timeliness of the Website or the Material. The use of the Website and the Material is at your own risk. Changes are periodically made to the Website and may be made at any time. You acknowledge and agree that you are solely responsible for the form, content, and accuracy of any material contained therein placed by you on the Website.
THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEBSITE AND MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE WEBSITE.
(b) IN NO EVENT SHALL RED DUKE GAMES (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE WEBSITE AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RED DUKE GAMES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN RED DUKE GAMES’ MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $200.00 IN THE AGGREGATE.
(d) IN NO EVENT SHALL RED DUKE GAMES (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US $200.00.
(e) Due to the nature of this Agreement, in addition to money damages, you agree that Red Duke Games will be entitled to equitable relief upon a breach of this agreement by you.
Promise Not to Sue & Indemnity.
You promise not to sue the Company and hereby waive any and all claims against the Company from any liability arising out of or related to the acts or omissions of other users. You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from Your breach of these Terms of Use, or use of the Material or User Content. The Company shall provide notice to You promptly of any such claim, suit, or proceeding and shall assist You, at Your expense, in defending any such claim, suit or proceeding.
Links.
The Website may contain links to third party Websites as a convenience. The Company is not responsible for the content of linked third-party Websites and does not make any representations regarding the content or accuracy of materials on such third party Websites. If You decide to access linked third party Websites, You do so at Your own risk. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by Red Duke Games with respect to the provider of such linked Website or the quality, reliability or any other characteristic or feature of such linked Website and Red Duke Games is not responsible in any manner (including without limitation with respect to any loss or injury you suffer) for any matter associated with the linked Website, including without limitation, the content provided on or through any such linked Website or your reliance thereon. Red Duke Games MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED WEBSITE: YOUR USE OF ANY LINKED WEBSITE IS SOLELY AT YOUR OWN RISK. In addition, you should be aware that your use of any linked Website is subject to the terms and conditions applicable to that Website.
No Resale or Unauthorized Use.
You agree not to resell or assign Your rights or obligations under these terms and Conditions. You also agree not to make any unauthorized use of the Website.
Termination.
The Company reserves the right, at its sole discretion, to terminate Your use of the Website at any time for any reason, in which case, You would receive a refund for any amounts paid for services not yet rendered if You were in compliance with these Terms and Conditions when Company denied Your right of continued use of the Material or Website. To the maximum extent allowed by law, the Company may deny any company or person the right to use the Material or Website.
Amendments to this Agreement and Changes to Website.
Red Duke Games may revise this document at any time by updating this page. Changes will be binding on you on the date they are posted on the Website (or as otherwise stated in any notice of such changes). Any use of the Website will be considered acceptance by you of the then-current Terms and Conditions. If at any time you find the Terms and Conditions unacceptable, you may not use the Website any longer. Any new or different terms supplied by you are specifically rejected by Red Duke Games unless Red Duke Games agrees to them in a signed writing specifically including those new or different terms. Red Duke Games may change the Website at any time.
Questions and Notices.
Questions concerning the use of the Website should be directed to us using the “Contact Us” page. Notices shall be sent, for Red Duke Games, to the address listed on the Website, and, for you, to the email address submitted by you or such other address as Red Duke Games reasonably determines is an appropriate address for you.
General.
Red Duke Games makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Website. If you access Red Duke Games from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The Terms and Conditions and your Service Agreement, if you have one, are governed by the internal substantive laws of the State of Pennsylvania, without respect to its conflict of laws principles. Jurisdiction for any claims arising under the Terms and Conditions or your Service Agreement shall lie exclusively with the state or federal courts in the State of Pennsylvania. The sole relationship between You and Red Duke Games is that of independent contractors. If any provision of the Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of the Terms and Conditions, which shall remain in full force and effect. All provisions of the Terms and Conditions shall survive termination except those granting access or use to the Website, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under the Terms and Conditions. No waiver of any term of the Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by Red Duke Games in a particular “Legal Notice,” or software license or material on particular Web pages of the Website, the Terms and Conditions and your Service Agreement where applicable, constitute the entire agreement between you and Red Duke Games.
