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Rare Earth Videogames

Policies

Agreement to Terms of Use


These Terms and Conditions of Use (the “Terms of Use”) apply to the Rare Earth Videogames web site located at www.rareearthvideogames.com and all associated sites linked to www.rareearthvideogames.com by Rare Earth Videogames, its subsidiaries and affiliates (collectively, the “Site”). The Site is the property of Rare Earth Videogames and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Rare Earth Videogames reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Rare Earth Videogames grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content


All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Rare Earth Videogames, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Rare Earth Videogames’ express prior written consent.

You may use information on the Site provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Your Use of the Site


You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Rare Earth Videogames reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site systems or networks, or any systems or networks connected to the Site.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Rare Earth Videogames on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Rare Earth Videogames or others.

Purchases; Other Terms and Conditions


Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Rare Earth Videogames’ obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Rare Earth Videogames may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Rare Earth Videogames makes no commitment to update the materials on the Site with respect to such products and services.

 Accounts, Passwords and Security


Certain features or services offered on or through the Site may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Rare Earth Videogames immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Rare Earth Videogames or any other user of or visitor to the Site due to someone else using your password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s password or account at any time without the express permission and consent of the holder of that password or account. Rare Earth Videogames cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy


Rare Earth Videogames’ Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Rare Earth Videogames’ Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Rare Earth Videogames’ control, and Rare Earth Videogames is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

 Disclaimers


RARE EARTH VIDEOGAMES DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. RARE EARTH VIDEOGAMES CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. RARE EARTH VIDEOGAMES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RARE EARTH VIDEOGAMES DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY RARE EARTH VIDEOGAMES SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST RARE EARTH VIDEOGAMES FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Rare Earth Videogames reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability


Except where prohibited by law, in no event will Rare Earth Videogames be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Rare Earth Videogames has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Rare Earth Videogames is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Rare Earth Videogames liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Rare Earth Videogames or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold Rare Earth Videogames, its owners, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Rare Earth Videogames by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use


Rare Earth Videogames may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Rare Earth Videogames’ rights or property, or the rights or property of visitors to or users of the Site, including Rare Earth Videogames’ customers. Rare Earth Videogames reserves the right at all times to disclose any information that Rare Earth Videogames deems necessary to comply with any applicable law, regulation, legal process or governmental request. Rare Earth Videogames also may disclose your information when Rare Earth Videogames determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Rare Earth Videogames may preserve any transmittal or communication by you with Rare Earth Videogames through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Rare Earth Videogames determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Rare Earth Videogames, its employees, users of or visitors to the Site, and the public.

You agree that Rare Earth Videogames may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Rare Earth Videogames, for which monetary damages would be inadequate, and you consent to Rare Earth Videogames obtaining any injunctive or equitable relief that Rare Earth Videogames deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Rare Earth Videogames may have at law or in equity.

You agree that Rare Earth Videogames may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Rare Earth Videogames does take any legal action against you as a result of your violation of these Terms of Use, Rare Earth Videogames will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Rare Earth Videogames. You agree that Rare Earth Videogames will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution


You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Ohio without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Ross County, Ohio, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Rare Earth Videogames and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited


Rare Earth Videogames administers and operates the www.rareearthvideogames.com Site from its location in Cupertino, California USA; other Rare Earth Videogames sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Rare Earth Videogames reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous


You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Rare Earth Videogames with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Rare Earth Videogames with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Rare Earth Videogames, Rare Earth Videogames will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Rare Earth Videogames failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Rare Earth Videogames of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Rare Earth Videogames and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

 Collection and Use of Personal Information

Personal information is data that can be used to uniquely identify or contact a single person. You may be asked to provide your personal information anytime you are in contact with RareEarthVideogames.com or it’s designees or associated websites. RareEarthVideogames.com and its associates may share this personal information with each other and use it consistent with this Privacy Policy. They may also combine it with other information to provide and improve our products, services, content, and advertising.

When you use our services may collect a variety of information, including your name, mailing address, phone number, email address, contact preferences, and credit card information. When you share our services with family and friends, we may collect the information you provide about those people such as name, mailing address, email address, and phone number.

The personal information we collect allows us to keep you posted on our latest products, announcements and upcoming events. It also helps us to improve our services, content, and advertising. If you don’t want to be on our mailing list, you can opt out anytime by contacting us.

We also use personal information to help us develop, deliver, and improve our products, services, content, and advertising. We may use your personal information to send important notices regarding purchases and changes to our terms, conditions, and policies. Because this information is important to your interaction with RareEarthVideogames, you may not opt out of receiving these communications.

We may also use personal information for internal purposes such as auditing, data analysis, security and research in order to improve products, services, and customer communications.

Collection and Use of Non-Personal Information

We also collect non-personal information − data in a form that does not permit direct association with any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of non-personal information that we collect and how we may use it:

We may collect information such as occupation, language, zip code, area code, unique device identifier, location, and the time zone where an Rare Earth Videogames product is used so that we can better understand customer behavior and improve our products, services, and advertising.

If we do combine non-personal information with personal information the combined information will be treated as personal information for as long as it remains combined.

Cookies and Other Technologies

RareEarthVideogames.com may use “cookies” and other technologies such as pixel tags and web beacons. These technologies help us better understand user behavior, tell us which parts of our website people have visited, and facilitate and measure the effectiveness of advertisements and web searches. We treat information collected by cookies and other technologies as non-personal information. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by local law, we also treat these identifiers as personal information. Similarly, to the extent that non-personal information is combined with personal information, we treat the combined information as personal information for the purposes of this Privacy Policy.

RareEarthVideogames.com also uses cookies and other technologies to remember personal information when you use our website, online services, and applications.

If you want to disable cookies check with your provider to find out how to disable cookies. Please note that certain features of the RareEarthVideogames.com website will not be available once cookies are disabled.

RareEarthVideogames.com may gather some information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring and exit pages, operating system, date/time stamp, and clickstream data.

We use this information to understand and analyze trends, to administer the site, to learn about user behavior on the site, and to gather demographic information about our user base as a whole. RareEarthVideogames.com may use this information in our marketing and advertising services.

Disclosure to Third Parties

At times, it may be necessary for RareEarthVideogames.com to make certain personal information available to partners that work with us to provide products and marketing. Personal information may be provided to companies who provide services such as information processing, extending credit, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in our products and services, and conducting customer research or satisfaction surveys. These companies are obligated to protect your information and may be located wherever Rare Earth Videogames operates. Personal information will only be shared to provide or improve our products, services and advertising; it will not be shared with third parties for their marketing purposes.

It may be necessary by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence to disclose your personal information. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate.

We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users. Additionally, in the event of a reorganization, merger, or sale we may transfer any and all personal information we collect to the relevant third party.

Protection of Personal Information

RareEarthVideogames.com takes precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction.

When you use some Rare Earth Videogames products, services, or applications or post on an Rare Earth Videogames forum, chat room, or social networking service, the personal information you share is visible to other users and can be read, collected, or used by them. You are responsible for the personal information you choose to submit in these instances. Please take care when using these features.

Integrity and Retention of Personal Information

Rare Earth Videogames makes it easy for you to keep your personal information accurate, complete, and up to date. We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

Access to Personal Information

You can help ensure that your contact information and preferences are accurate, complete, and up to date by informing us of any changes. We make good faith efforts to provide you with access so you can request that we correct the data if it is inaccurate or delete the data if Rare Earth Videogames is not required to retain it by law or for legitimate business purposes. We may decline to process requests that are unreasonably repetitive, require disproportionate technical effort, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law.

Third-Party Sites and Services

Rare Earth Videogames websites, products, applications, and services may contain links to third-party websites, products, and services. Our products and services may also use or offer products or services from third parties. Information collected by third parties, which may include such things as location data or contact details, is governed by their privacy practices. We encourage you to learn about the privacy practices of those third parties.

Our Companywide Commitment to Your Privacy

To make sure your personal information is secure, we communicate our privacy and security guidelines to all employees and strictly enforce privacy safeguards within the company.

Privacy Questions

If you have questions or concerns about Rare Earth Videogames’ Privacy Policy or data processing, please contact us via email.

Feedback and Information


Any feedback you provide at this site shall be deemed to be non-confidential. Rare Earth Videogames shall be free to use such information on an unrestricted basis.

The information contained in this web site is subject to change without notice.