Notices

Lets Play History Web Site Use Agreement

The Lets Play History Web Site (the “Site”) is an online information service provided by TIPS of Oregon (as “Lets Play History “), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. Lets Play History MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. Digital Purchases / Returns.

Due to the very low price-point on all LPH digital books and documents, and due to limited manpower, all digital sales are final. In the unlikely event you run into technical difficulty and cannot access your downloads, please contact us by forwarding your payment receipt and description of the problem encountered to Victorian [ @ ] Lets Play History .org (remove spaces and brackets). We typically reply within 24 hours, but if not, feel free to try again. Please know we are eager to get the LPH products to you, and we will make sure you get what you have purchased.You may also contact us by using our website contact form and submitting your payment number, however it may take up to 72 hours to get back to you using this method.

2. Hard Goods Purchases / Returns.

We are happy to provide replacement or refunds on all hard goods purchased through the LPH Store. Refunds are for the original purchase price, less shipping. Buyer is responsible for return shipping, with the exception of returns due to defect (LPH covers return shipping on defective items). Returns should be made to the mailing address provided on the packaging (also found on the LPH Contact page). Please include a brief explanation for the return or replacement request, and provide your contact information, including phone number, along with payment information so we can promptly issue the refund or replacement.

3. Online Payment Processing by TIPS of Oregon.

All transactions will reflect payment to TIPS of Oregon, parent company to LetsPlayHistory.org.

4. Copyright, Licenses and Idea Submissions.

The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are TIPS of Oregon / Lets Play History, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE WITHOUT EXPRESS PERMISSION GRANTED BY THE PRINCIPALS OF LETSPLAYHISTORY.ORG. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Lets Play History a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Lets Play History by all means and in any media now known or hereafter developed. You also grant to Lets Play History the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Lets Play History for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Lets Play History.

5. Trademarks.

Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of Lets Play History. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

6. Use of the Site.

You understand that, except for information, products or services clearly identified as being supplied by Lets Play History, Lets Play History does not operate, control or endorse any information, products or services on the Internet in any way. Except for Lets Play History- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with Lets Play History a. You also understand that Lets Play History cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. Lets Play History PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND Lets Play History SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. Lets Play History DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. Lets Play History HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY

IN NO EVENT WILL Lets Play History BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Lets Play History OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Lets Play History LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Lets Play History makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-Lets Play History web site, please understand that it is independent from Lets Play History, and that Lets Play History has no control over the content on that web site. In addition, a link to a Lets Play History web site does not mean that Lets Play History endorses or accepts any responsibility for the content, or the use, of such web site.

7. Indemnification.

You agree to indemnify, defend and hold harmless Lets Play History, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

8. Third Party Rights.

The provisions of paragraphs 6 (Use of the Site), and 7 (Indemnification) are for the benefit of Lets Play History and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

9. Third Party Links.

Outgoing links from LetsPlayHistory.org to thirds party services and/or suppliers which result in a purchase by you, may generate compensation to LetsPlayHistory.org. Your purchase agreement however, is between you and said third party(s). LetsPlayHistory.org bears no liability or responsibility in the legality of your purchase agreements with third parties.

10. Jurisdiction.

This Agreement shall all be governed and construed in accordance with the laws of The State of Oregon, applicable to agreements made and to be performed in Oregon and the United States of America. You agree that any legal action or proceeding between Lets Play History and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a State of Oregon court of competent jurisdiction. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Lets Play History’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Lets Play History may assign its rights and duties under this Agreement to any party at any time without notice to you.

Any rights not expressly granted herein are reserved.