Terms of Use
Last Modified: June 16th, 2020
This website is operated by DENPA. Throughout the site, the terms "we", "us" and "our" refer to DENPA. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
You affirm that you are at least 13 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are under 13, please do not use any of the Websites.
By visiting our site and/or purchasing something from us, you engage in our "Service(s)" and agree to be bound by the following Terms of Service ("Terms of Service", "Terms") and our Privacy Policy, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of user posted content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the Service shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Rights to Use Services
You affirm that you are at least 13 years of age and are fully able and competent to enter into the agreements set forth in these Terms of Service, and to abide by and comply with these Terms. If you are under the age of 13, you are prohibited from submitting personal information to us and use of the Services.
The Services are also not available to you if you have been previously removed, or barred, from the Services by us.
Your Account
You are responsible for safeguarding your account credentials and for any activity resulting from the use of your account credentials or other activity on your account ("Account") on the Service.
You represent and warrant that the information you provide us upon registration, at all other times will be true, accurate, current, and complete. We reserve the right to reject any information submitted to us without liability to you.
You agree to immediately notify us of any unauthorized use of your credentials or your Account. You agree that we will not be liable for any loss or damage arising from unauthorized use of your credentials.
Products & Services
Certain products or services may be available exclusively online through the Service. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Access to Content
Users may access and/or purchase content (as defined below) through the Services in a few different ways including: (i) Users may purchase certain content, or products, from us ("Purchasable Good(s)") which are then unlocked on their Account if digital ("Digital Good(s)"), and delivered to them if physical ("Physical Good(s)").
Purchasable Goods
Returns & Refunds
When you purchase a digital good, the price will be made clear during the order process. You agree to pay the price that is stated at the time of your order, as well as any applicable taxes. All digital good purchases are final and no refunds will be given.
To be eligible for a return, your Physical Good must be unused and in the same condition that you received it. It must also be in the original packaging.
Several types of Purchasable Goods are exempt from being returned, such as gift cards or digital codes.
Digital Goods unlocked with the purchase of a Physical Good are dependent on persisted ownership of the same Physical Good. Refunding or cancelling a Physical Good purchase will revoke the Digital Good from your Account.
Please note that your account will be subject to review if we encounter you making multiple refund requests.
Pre-Orders
All pre-orders are paid in advanced and in full. Pre-order items are shipped on the release date listed on the product description. You cannot pick up pre-ordered items in-person, such as at an event we are selling at, you must wait until the item is shipped.
Please note, that if additional Physical Goods are purchased with a product that has not yet released, the entire order will be held until all items are in-stock and ready to be shipped.
We reserve the right to change or delay a Purchasable Good's release date at any time and for any reason.
Damaged Goods
If you receive a damaged good from us, you may submit a claim for a replacement or refund, depending on the type of item purchased. Proof of the damaged product must be provided with your claim to be valid.
Customs, Duties and Taxes
The recipient of any Physical Good purchase must comply with all laws and regulations of the destination country. The recipient is responsible for understanding the regulations of the shipping address provided for an order. Physical Good orders may be subject to import taxes, customs duties and fees. You agree that we are not held liable for these taxes, duties, or fees and that these charges are to be borne by the recipient.
Third-Party Vendors
Our Purchasable Goods may at times be listed for sale on third-party vendor services. Please note, that purchases of our Purchasable Goods from third-party vendors do not grant you any promotional offers we may have included for the same item on our Services. Exclusive promotions, deals, bonus items, offers, or sales are restricted solely to our Services unless otherwise stated.
Purchasable Goods bought on third-party services do not guarantee you support from our Services. If you have purchased one of our Purchasable Goods from a third-party vendor, they must be the one to offer you support for your purchase. You agree that we are not responsible for purchases of our Purchasable Goods through third-party vendors.
Limitation of Liability
You agree that by selecting a shipping method without tracking and insurance that you waive the right to claim non-arrival of the reported shipment.
Guidelines and Usage
As a condition of your use of the Service, and without limiting your other obligations under these Terms of Service, you agree to comply with the restrictions set forth in these Terms, as well as any additional restriction or rules set forth in the Service.
As an example, you agree to not use the Service to:
- Violate any law or encourage or provide instructions to another to do so;
- Defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone;
- Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any similar malicious software or programs that may damage the operation of the Service or other users' computers;
- Attempt to obtain passwords or other private information from other users;
- Infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- Spam, phish, pharm, pretext, spider, crawl, or scrape;
- Circumventing any territorial restrictions applied by us or our licensors;
- Copy, redistribute, reproduce, "ripping", transferring, or making available to the public any part of the Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights in the Service or the Content or any part of it.
We reserve the right to determine what conduct we consider to be in violation of the Terms, guidelines or improper use of the Service and to take action including the termination of your Account and exclusion from further access to the Service.
Third-Party Services
The Services may link to other third-party services. Such links are provided for reference only, and we neither control such websites nor endorse any of the material on any such website or any association with their operations. You agree that we are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party services. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Termination
You may terminate your Account at any time via accessing your Account Preferences page.
We may terminate the agreement, your Account, and your access to the Services at any time and for any reason. We are not required to provide you with any notice or warning prior to any such termination. You will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and interpreted in accordance with the laws of the State of Oregon excluding the conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.
Disclaimer of Warranties
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Limitation of Liability
In no case shall DENPA, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Indemnification
You agree to indemnify and hold DENPA harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with (i) your use of and access to the Services; (ii) your violation of any part of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right or any third-party agreement; or (iv) any of Your Content or information in your Account or any other information you post or share on or through the Service.
As used in this section, "you" shall include anyone accessing the Service using Your Account.
Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes