This Site is operated by Elusive Games (“Elusive Games”). Elusive Games' mailing address is 194 Golfview Drive, Monaca, PA 15061.
Your use of the Site is governed by these Terms of Use.
2. Description of Sites and Services.Elusive Games operates online gaming services (“Services”) and a website that accompanies such gaming Services (“Site”).
3. Content.All content on this Site is the property of Elusive Games and/or the property of its licensors and is protected by U.S. and international law, including, but not limited to all graphics, code and software incorporated into, used on, or offered via this Site, service and trade marks, including but not limited to “Elusive Games” and trade dress. You may view the Site and may print pages of the Site solely in relation to your use of the Site. Otherwise you may not reproduce any portion of the Site without the express written permission of Elusive Games. Elusive Games does not consider page caching that is performed automatically by your browser to be a violation of this provision.
Elusive Games and its licensors own the Services and everything in the Services, including without limitation all in-game currency, characters, Accounts, items, artwork, music, other game assets and data generated by the Services (collectively, “Game Assets”). You acknowledge and agree that you have no proprietary interest in the Game Assets.
Elusive Games may upgrade, change or terminate any or all portions of the Elusive Games website, and/or the content and services offered as part of the website, at our own discretion at any time, with or without notice to you.
4. Prohibited Uses.Only Elusive Games or its licensees have the right to host Elusive Games Services. Accordingly, you may not host, provide matchmaking services for, or intercept, emulate, or redirect the communication protocols used by Elusive Games as part of any Elusive Games Service, regardless of the method used to do so. Such prohibited methods may include, but are not limited to protocol emulation, reverse engineering, modifying Elusive Games Services, adding components to Elusive Games Services, or using a utility program to host Elusive Games Services. Also, the use of any "user interface" for Elusive Games Services other than the user interface that Elusive Games provides for any particular Elusive Games Service ("Third Party User Interface") is prohibited by Elusive Games.
5. Use of Software.5.1 Limited License. When you use Elusive Games’ Site and Services, the online game software, including all files and images contained in or generated by the software, and accompanying data, shockwave and other digital files (collectively, “Software”), is deemed to be licensed to you by Elusive Games, during the term of this Agreement and as long as the Agreement has not been terminated, for your personal, noncommercial, home use only. Elusive Games does not transfer either the title or the intellectual property rights to the Software, and Elusive Games retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Elusive Games or its licensors and you may not copy or use them in any manner.
5.2 Prohibited Uses. This limited license does not include any resale or commercial use of this Site or the Services; any collection and use of any descriptions or prices; any derivative use of the Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Elusive Games. 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 Elusive Games, and our affiliates and marketing partners, without express written consent. You may not use any meta tags or any other "hidden text" utilizing names or trademarks of Elusive Games without the express written consent of Elusive Games. Any unauthorized use terminates the permission or license granted by Elusive Games.
5.3 Sale of Digital Items. Elusive Games either owns or has an exclusive license to all of the content in Elusive Games Services. Therefore no one other than Elusive Games has any right whatsoever to sell any of Elusive Games' Service content in any manner.
6. Information About You.When you submit information about yourself or your company to Elusive Games, either via this Site or otherwise, we will use the information as described in our Privacy Policy. Elusive Games uses cookies. For more information about cookies see our Privacy Policy. Elusive Games does not want to receive confidential, proprietary or trade secret information through the Site. Except as described in the Privacy Policy, any information you submit will be deemed non-confidential and your submission of the information is a grant to Elusive Games of an irrevocable and unrestricted license to reproduce, transmit, display and distribute the information for any purpose whatsoever.
7. Account.If you establish an Account with Elusive Games, you are responsible for the confidentiality of your Account and password. You agree to be responsible for any activity occurring under your Account by any person using your password. Only an adult (18 years of age or older) may purchase products and services from Elusive Games. You must keep your Account information current. Elusive Games may terminate your Account at any time in its sole discretion.
7.1. Eligibility. You must be at least 18 years of age to register an Account on the Service.
7.2. Account. You may create only one Account, and you must complete the registration process by providing current, complete and accurate information (including your email address) when prompted. If your contact information changes, you agree that you will promptly update the Account information to reflect those changes.
7.3. Fees. You agree to pay all fees and applicable taxes incurred by you or anyone using an Account you registered. Elusive Games may revise the pricing for the Services at any time. You acknowledge that refunds are not provided for any reason, and that you will not receive money back for prepaid time when the Account is closed, whether such closure was voluntary or involuntary.
7.4. Account Security. Maintaining account security is very important. You are entirely responsible for maintaining the confidentiality of the Account username and password. You agree to notify Elusive Games immediately if you believe that an Account username and/or password have been compromised.
7.5. Account Sharing or Transfers. You may not share or transfer any Account. You may not disclose your username and password to anyone.
7.6. Effect of Account Termination or Cancellation. Accounts terminated by Elusive Games for any type of abuse, including without limitation a violation of these Terms of Use, may not be reactivated for any reason.
7.7. Service Lifetime Subscriptions. Elusive Games may offer “Service Lifetime Subscriptions” to the Services, where “Lifetime” refers to the lifetime of the Service, not your lifetime. Accounts with Service Lifetime Subscriptions are subject to the same terms and conditions as other Accounts mentioned in this Terms of Use, including without limitation Elusive Games’ right to terminate the Account for any reason or no reason without issuing a refund.
8. No Warranty.TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. IF APPLICABLE LAW REQUIRES A WARRANTY, THE REQUIRED WARRANTY IS LIMITED TO NINETY (90) DAYS FROM YOUR FIRST USE OF THE SITE.
THE SITE AND ANY E-MAIL WE SEND YOU MAY CONTAIN VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF THE SITE IS AT YOUR RISK.
9. Limitation of Liability.UNLESS AND TO THE EXTENT APPLICABLE LAW PROHIBITS THIS LIMITATION, ELUSIVE GAMES IS NOT LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF YOUR USE OF THE SITE, ANY E-MAIL SENT BY ELUSIVE GAMES, OR YOUR PURCHASE OF OR USE OF A PRODUCT OR SERVICE OFFERED VIA THE SITE, EVEN IF ELUSIVE GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS AND TO THE EXTENT APPLICABLE LAW PROHIBITS THIS LIMITATION, ELUSIVE GAMES’ LIABILITY FOR ANY CLAIM RELATED TO YOUR USE OF THE SITE OR ANY E-MAIL SENT BY ELUSIVE GAMES, OR YOUR PURCHASE OF OR USE OF A PRODUCT OR SERVICE OFFERED VIA THE SITE, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE PRODUCT OR SERVICE, OR U.S. $5.00.
10. Title, Risk of Loss.Title and the risk of loss for any tangible item that you purchase via the Site passes to you upon Elusive Games’ delivery to its carrier.
11. Applicable Law.This Terms of Use shall be governed by the laws of the state of Pennsylvania, excluding its conflicts of law provisions, and the laws of the United States of America as applicable. You agree to submit to the jurisdiction of courts sitting in the State of Pennsylvania for all purposes. Sole and exclusive venue for any dispute arising under or relating to this agreement shall be in a court sitting in Beaver County, Pennsylvania.
12. Modifications.Elusive Games may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Services; and (c) discontinue the Site and/or the Services at any time. Elusive Games shall post any revision to these Terms of Use to the Site at least 5 days before the changes become legally binding on you. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
The Site may contain errors or may not be complete or current, including errors as to pricing and availability. We reserve the right to refuse in good faith to process any order based on errors as to pricing, availability or other material facts.