Terms & Conditions
Welcome to GamingTrunk.com! “Gaming Trunk” and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.
This Terms of Service Agreement (the "Agreement") governs your use of this website, gamingtrunk.com (the "Website"), “Gaming Trunk” offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. “Gaming Trunk” reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. “Gaming Trunk” will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. “Gaming Trunk” encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with “Gaming Trunk” for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website.
Terms of Offer. This Website offers for sale certain products (the "Products"). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.
If you purchase any Products, you will be responsible for paying any applicable sales tax.
When you visit “Gaming Trunk” or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of “Gaming Trunk” or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of “Gaming Trunk”, with copyright authorship for this collection by “Gaming Trunk”, and protected by international copyright laws.
“Gaming Trunk”s trademarks and trade dress may not be used in connection with any product or service that is not “Gaming Trunk”s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits “Gaming Trunk”. All other trademarks not owned by “Gaming Trunk” or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by “Gaming Trunk” or its subsidiaries.
LICENSE AND SITE ACCESS
“Gaming Trunk” grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of “Gaming Trunk”. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of “Gaming Trunk”. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of “Gaming Trunk” and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing “Gaming Trunk”s name or trademarks without the express written consent of “Gaming Trunk”. Any unauthorized use terminates the permission or license granted by “Gaming Trunk”. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of “Gaming Trunk” so long as the link does not portray “Gaming Trunk”, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any “Gaming Trunk” logo or other proprietary graphic or trademark as part of the link without express written permission.
In addition to making Products available, this Website also offers information and marketing materials. To the extent that “Gaming Trunk” does create the content on this Website, such content is protected by intellectual property laws of Canada, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. “Gaming Trunk” does not endorse the contents on any such third-party websites. “Gaming Trunk” is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. “Gaming Trunk” and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. “Gaming Trunk” reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant “Gaming Trunk” and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant “Gaming Trunk” and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify “Gaming Trunk” or its associates for all claims resulting from content you supply. “Gaming Trunk” has the right but not the obligation to monitor and edit or remove any activity or content. “Gaming Trunk” takes no responsibility and assumes no liability for any content posted by you or any third party.
“Gaming Trunk” and its associates attempt to be as accurate as possible. However,
“Gaming Trunk” does not warrant that product descriptions or other content of
this site is accurate, complete, reliable, current, or error-free. If a product
offered by “Gaming Trunk” itself is not as described, your sole remedy is to
return it in unused condition.
Disclaimer of warranties and limitation of liability this site is provided by “Gaming Trunk” on an "as is" and "as available" basis. “Gaming Trunk” makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, “Gaming Trunk” disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. “Gaming Trunk” does not warrant that this site, its servers, or e-mail sent from “Gaming Trunk” are free of viruses or other harmful components. “Gaming Trunk” will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain provincial/state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
This Website originates from the Winnipeg, MB, Canada. This Agreement will be governed by the laws of province Manitoba without regard to its conflict of law principles to the contrary. Neither you nor “Gaming Trunk” will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in province Manitoba. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Information We Collect
Why We Need Your Information and How We Use It
We rely on a number of legal bases to collect, use, and share your information, including:
· as needed to provide my services, such as when we use your information to fulfill your order, to settle disputes, or to provide customer support;
· when you have provided your affirmative consent, which you may revoke at any time, such as by signing up for my mailing list;
· if necessary to comply with a legal obligation or court order or in connection with a legal claim, such as retaining information about your purchases if required by tax law; and
· as necessary for the purpose of my legitimate interests, if those legitimate interests are not overridden by your rights or interests, such as providing and improving my services. I use your information to provide the services you requested and in my legitimate interest to improve my services.
Information Sharing and Disclosure
· Service providers. We engage certain
trusted third parties to perform functions and provide services to my shop,
such as delivery companies. Wewill share your personal information with these
third parties, but only to the extent necessary to perform these services.
· Business transfers. If We sell or merge my business, We may disclose your information as part of that transaction, only to the extent permitted by law.
· Compliance with laws. We may collect, use, retain, and share your information if I have a good faith belief that it is reasonably necessary to: (a) respond to legal process or to government requests; (b) enforce my agreements, terms and policies; (c) prevent, investigate, and address fraud and other illegal activity, security, or technical issues; or (d) protect the rights, property, and safety of my customers, or others.
Transfers of Personal Information Outside the EU
We may store and process your information through third-party hosting services in the US and Canada and other jurisdictions. As a result, we may transfer your personal information to a jurisdiction with different data protection and government surveillance laws than your jurisdiction. If we are deemed to transfer information about you outside of the EU, I rely on Privacy Shield as the legal basis for the transfer.
· Access. You may have the right to access and receive a copy of the personal information we hold about you by contacting us using the contact information below.
· Change, restrict, delete. You may also have rights to change, restrict the use of, or delete your personal information. Absent exceptional circumstances (like where we are required to store data for legal reasons) we will generally delete your personal information upon request.
· Object. You can object to (i) our processing of some of your information based on our legitimate interests and (ii) receiving marketing messages from us after providing your express consent to receive them. In such cases, we will delete your personal information unless we have compelling and legitimate grounds to continue using that information or if it is needed for legal reasons.
· Complain. If you reside in the EU and wish to raise a concern about our use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local data protection authority.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to “Gaming Trunk”. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.