Terms of service
Welcome to Retro Fun Games. The terms “we,” “us,” and “our” refer to Retro Fun Games. Retro Fun Games operates this store and website, including all information, content, features, tools, products, and services, to provide you, the customer, with a curated shopping experience (the “Services”). Retro Fun Games is powered by Shopify, which enables us to provide the Services.
These Terms and Conditions, together with any policies referenced herein (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as disclaimers and limitations of liability.
By accessing, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you must not use our Services.
SECTION 1: ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in the state or province in which you reside, and that you have given us your consent to allow any of your minor dependants to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing, browsing, or purchasing any products or services we offer, you may be asked to provide certain information such as your email address, billing address, payment method, and shipping address. You represent and warrant that all information you provide through our store is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or otherwise provide your account to another person, nor grant any licences associated with that account.
SECTION 2: OUR PRODUCTS
We have made every effort to display our products and services as accurately as possible in our online store. However, colours or product appearance may vary depending on the device you use to access the store and your device settings.
We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or will be exactly as displayed in our online store.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time, and we may limit the quantities of products we offer to any person, geographic region, or jurisdiction on a case-by-case basis.
SECTION 3: ORDERS
When you place an order, you are making an offer to purchase. Retro Fun Games reserves the right to accept or reject your order for any reason at our sole discretion. Your order will not be accepted until Retro Fun Games confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before shipment, as Retro Fun Games may not be able to accommodate cancellation requests once an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, or phone number provided at checkout.
Purchases are subject to returns or exchanges only in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for personal or household use only and not for resale or commercial export.
SECTION 4: PRICING AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless expressly stated otherwise, posted prices do not include taxes, shipping, handling, customs processing, or import charges.
Prices posted on our online store may differ from prices offered by third-party stores (physical or online). From time to time, we may offer promotions for the Services that may affect pricing and are subject to separate terms and conditions. If there is a conflict between promotion terms and these Terms, the promotion terms will prevail.
For all purchases, you agree to provide current, complete, and accurate purchase, payment, and account information. You agree to promptly update your account and other information, including your email address and credit card numbers and expiry dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that: (i) the credit card information you provide is true, correct, and complete; (ii) you are duly authorised to use the card; (iii) your credit card issuer will honour the charges; and (iv) you will pay the charges incurred at the posted prices, including shipping, handling, and applicable taxes, if any.
SECTION 5: SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events outside our control. Once we hand the products over to the carrier, title and risk pass to you.
SECTION 6: INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, branding, text, samples, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by Retro Fun Games, its affiliates, or licensors and are protected by U.S. and foreign copyright and other intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent.
Except as expressly provided, nothing in these Terms grants you any licence or right in any patents, trademarks, copyrights, or other intellectual property of Retro Fun Games, Shopify, or any third party. Unauthorised use of the Services may violate federal and state intellectual property laws. Retro Fun Games reserves all rights not expressly granted.
Retro Fun Games names, logos, product and service names, designs, and slogans are trademarks of Retro Fun Games, its affiliates, or licensors. You must not use such trademarks without prior written permission. Shopify names, logos, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are trademarks of their respective owners.
SECTION 7: OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no monitoring, control, or input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.
Any use by you of optional tools is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve the terms on which the relevant third-party providers offer such tools.
We may also, in the future, offer new Services and/or features (including the release of new tools and resources). Such new features shall also be subject to these Terms of Service.
SECTION 8: THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to third-party websites or functionality (including embedded third-party features). We are not responsible for examining or evaluating, nor do we warrant the accuracy of, third-party materials or websites.
If you choose to leave the Services to access third-party materials or sites, you do so at your own risk.
We are not liable for any harm or damages related to your access to or use of third-party websites, or any purchase or use of products, services, or resources from third parties. Please review third-party policies and practices carefully before engaging in any transaction. Complaints or questions about third-party products should be directed to the third party.
SECTION 9: RELATIONSHIP WITH SHOPIFY
[MERCHANT NOTE: This section accurately describes Shopify’s relationship to your store and must not be removed or modified.]
Retro Fun Games is powered by Shopify, which enables us to provide the Services. However, any sales and purchases you make in our store are made directly with Retro Fun Games. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Retro Fun Games, including any injury, damage, or loss arising from products or services purchased. You expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from your purchases and transactions with Retro Fun Games or related to them.
SECTION 10: PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, available here [LINK], and certain personal information may also be subject to Shopify’s Privacy Policy, available here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information related to your access and use of the Services in order to provide and improve the Services. To provide the Services, information you submit may be transmitted to and shared with Shopify and third parties located in countries other than your own. For more information about how we, Shopify, and our partners use your personal information, please review our Privacy Policy [LINK].
SECTION 11: COMMENTS
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans, or other content (collectively, “Comments”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute, and display such Comments in any media and for any purpose, including commercial use. For example, we may use this licence to operate, deliver, evaluate, optimise, improve, and promote the Services, and to comply with our obligations and enforce our rights under these Terms.
You also represent and warrant that: (i) you own or otherwise control all rights to your Comments; (ii) you have disclosed any compensation or incentive received in connection with your submission; and (iii) your Comments will comply with these Terms.
We are under no obligation to: (1) maintain Comments in confidence; (2) pay compensation for Comments; or (3) respond to Comments.
We may, but have no obligation to, monitor, edit, or remove Comments that we determine, in our sole discretion, are unlawful, offensive, threatening, defamatory, libellous, pornographic, obscene, otherwise objectionable, or violate any party’s intellectual property or these Terms.
You agree that your Comments will not violate any third-party rights, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. You also agree that your Comments will not contain unlawful, abusive, or obscene material, or any computer virus or other malware that could affect the operation of the Services.
You may not use a false email address, pretend to be someone else, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for Comments posted by you or any third party.
SECTION 12: ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be information on the Services that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time without prior notice (including after you have submitted your order).
SECTION 13: PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for unlawful or malicious purposes; (b) to violate any international, federal, provincial, state, or local regulations, laws, or ordinances; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, or intimidate our employees or any other person; (e) to submit false or misleading information; (f) to upload or transmit material that does not comply with these Terms; (g) to transmit spam, chain letters, or unsolicited messages; (h) to impersonate any person or entity; or (i) to engage in conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that may harm Retro Fun Games, Shopify, or users of the Services, or expose them to liability.
You also agree not to: (a) upload or transmit viruses or malicious code; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track personal information of others; (d) engage in spamming, phishing, pharmaceutical fraud, pretexting, spidering, crawling, or scraping; or (e) interfere with or circumvent security features of the Services or any related website. We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine you have violated any part of
these Terms.
SECTION 14: TERMINATION
We may terminate this agreement or suspend your access to the Services (or any part thereof) at our sole discretion at any time without notice. You will remain liable for all amounts due up to and including the date of termination.
The following sections shall survive termination: Intellectual Property, Comments, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
Here is the translation into English. I have maintained the formal legal tone and the standard "all-caps" formatting typically used in English Terms of Service for these specific sections.
SECTION 15: DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
UNLESS EXPRESSLY STATED BY Retro Fun Games, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE OR REPRESENT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
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SECTION 16: LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL Retro Fun Games, OUR PARTNERS, DIRECTORS, OFFICERS, AFFILIATED EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, NOR THOSE OF SHOPIFY AND ITS AFFILIATES, 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 SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 17: INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Retro Fun Games, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any loss, damage, liability, or claim, including reasonable attorneys’ fees, payable to any third party arising out of or resulting from: (1) your breach of these Terms of Service or any documents incorporated herein by reference; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.
We will notify you of any claim subject to indemnification, provided that failure to provide prompt notice shall not relieve you of your obligations except to the extent you have suffered material prejudice. We may control the defence and settlement of such claim at your expense, including the selection of counsel; however, we will not settle any claim imposing non-monetary obligations on you without your prior consent (not to be unreasonably withheld). You agree to cooperate in the defence of any claim subject to indemnification, including by providing relevant documentation.
SECTION 18: SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 19: WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20: ASSIGNMENT
You may not assign, transfer, or delegate this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any attempt to do so shall be null and void.
We may assign, transfer, or delegate these Terms and our rights and obligations without your consent or notice.
SECTION 21: GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts of the jurisdiction to which Retro Fun Games belongs. You and Retro Fun Games consent to the exclusive jurisdiction and venue of such courts.
SECTION 22: HEADINGS
The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.
SECTION 23: CHANGES TO THE TERMS OF SERVICE
You may review the most current version of the Terms of Service at any time on 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 modifications on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes as required by applicable law, and such changes will take effect from the date specified in the notice. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
SECTION 24: CONTACT INFORMATION
Questions about the Terms of Service should be sent to:
📧 pixelretrogame@use.startmail.com
Our contact information is provided below:
pixelretrogame@use.startmail.com