Last Modified: April 12, 2022
Acceptance of the Terms of Use
These terms of use are entered into by and between you (user accessing and/or using the defined below Website or making any attempt to access or use such Website) (“You” or “User”) and Eldritch FoundryInc., registered under the law of the state of Delaware (“Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of our website at www.eldritchfoundry.com (the “ Website”) and any of our related features, services, including any associated mobile application, along with any related software or Company servers (collectively, the “Services”), including any content, functionality and services offered on or through the foregoing, whether as a guest or a registered user.
These Terms of Use will be effective as of the date that you create your account with us or making any attempt to access or use the Services. PLEASE READ THE TERMS OF USE CAREFULLY. BY CLICKING “I ACCEPT” AND USING THE SERVICES, YOU AGREE TO BE BOUND AND ABIDE BY THE TERMS SET FORTH HEREIN AND OUR PRIVACY POLICY FOUND AT www.eldritch-foundry.com (THE “ PRIVACY POLICY”), WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF USE OR PRIVACY POLICY, YOU MAY NOT USE THE SERVICES. IF YOU ARE USING THE SERVICES ON BEHALF OF A BUSINESS OR SOME OTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO GRANT ALL LICENSES SET FORTH IN THESE TERMS OF USE AND TO AGREE TO THESE TERMS OF USE ON BEHALF OF THE BUSINESS OR ENTITY.
The Services is offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services or the Website.
1. Changes to the Terms of Use.
1.1. We may revise and update these Terms of Use from time to time in our sole discretion and without prior notices, except that we will post a notice of any material changes to the Terms of Use on the Website.
1.2. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
2. Accessing the Services and Account Security.
2.1. We reserve the right to withdraw or amend the Services, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Services, to all or certain users, including registered users.
2.2. You are responsible for: (i) making all arrangements necessary for you to have access to the Services; and (ii) ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them.
2.3. To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current and complete. You agree that all information you provide to register with the Services or otherwise, including but not limited to through the use of any interactive features on the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
2.4. If you choose, or are provided with, a user name, password or any other piece of information as part of our security and/or ordering procedures, such as when setting up an Account (as defined below) you. You must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password or other security information. You will not buy, sell, rennet or lease access to your Account. You will not attempt to log in or otherwise access the Services through any unauthorized third party applications. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
2.5. WE HAVE THE RIGHT TO DISABLE ANY USER NAME, PASSWORD OR OTHER IDENTIFIER, WHETHER CHOSEN BY YOU OR PROVIDED BY US, AT ANY TIME IN OUR SOLE DISCRETION FOR ANY OR NO REASON, INCLUDING IF, IN OUR OPINION, YOU HAVE VIOLATED ANY PROVISION OF THESE TERMS OF USE OR THE TERMS OF ANY OTHER COMMERCIAL AGREEMENT YOU HAVE ENTERED INTO WITH COMPANY. YOU MAY NOT CREATE ANOTHER ACCOUNT IF WE HAVE DISABLED YOUR ACCOUNT UNLESS YOU OBTAIN OUR PRIOR WRITTEN CONSENT.
3. Intellectual Property Rights.
3.1. The Services, Website, Feedback, User-Provided Materials and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, as well as all of the character designs and associated artwork), are owned by the Company, its licensors or other providers of such material and are protected by Israeli and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
3.2. These Terms of Use permit you to use the Services for your individual, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Services. You must not: (i) modify copies of any materials from the Services; (ii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Services; or (iii) access or use for any commercial purposes any part of the Services or any services or materials available through the Services. For purposes of clarity, prohibited commercial uses shall not include satisfying the terms of any commercial agreement entered into between you and the Company.
3.3. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will cease immediately and you must, at our option and without derogating from any right we may have under applicable law, return or destroy any copies of the materials you have made. No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
3.4. To the extent that you purchase figurines, miniatures or other goods via the Services (collectively, “Goods”), upon payment in full of all applicable fees and costs set forth on the applicable purchase page or section of the Services (the “Purchase Page”) you will own your copy of the Goods and may retain it for your own personal, non-commercial use. You acknowledge, however, that the intellectual property rights and data underlying the Goods, including any designs, artwork, processes, methods, tools, templates, known-how, data, information, copyrights, patents, trademarks, trade secrets, and other associated intellectual property, including any improvements, inventions or derivate works made with respect to the foregoing, remain the sole property of Company. It is clarified that you do not and will not have any right title or interest in or to the design of any figurine, miniature or other Goods you order.
4. Trademarks. The Company name, Eldritch Foundry logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.
5. Representations and Warranties of User. User represents and warrants that (i) the performance of its obligations, the use of the Website and/or the Services and any information (including when setting up an Account) and/or feedback (including User-Provided Materials and any Feedback) User provides will not violate any applicable laws or regulations or cause a breach of any third parties’ rights; (ii) they are authorized to use Services and Website and provide the Company with the Feedback; (iii) they are not a competitor of the Company nor do they acts on behalf of any such competitor; (iv) and that (iii) User will not use the Services or Website for any Prohibited Uses, or otherwise not in strict compliance with the Terms of Use and applicable law.
6. Prohibited Uses.
6.1. You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:
(a) In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
(b) For the purpose of exploiting, harming or attempting to exploit or harm us or any third parties in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
(c) To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards (as described in further detail below).
(d) To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
(e) To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity.
(f) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services or expose them to liability.
(g) To develop any third-party applications that interact with the Services or other users’ content or information, without our express written consent.
(h) Compete with the Services.
6.2. Additionally, you agree not to:
(a) Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
(b) Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
(c) Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
(d) Use any device, software or routine that interferes with the proper working of the Services.
(e) Introduce any viruses, trojan horses, worms, logic bombs or other material or code which is malicious or technologically harmful.
(f) Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services that you are not authorized to access, including any server, computer or database connected to the Services.
(g) Attempt to circumvent any content-filtering techniques we employ.
(h) Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
(i) Otherwise attempt to interfere with the proper working of the Services.
7. User-Provided Materials.
7.1. The Services may allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User-Provided Materials”) on or through the Services. All User-Provided Materials must comply with the Content Standards set forth below.
7.2. Any User-Provided Materials you post to the Services will be considered non-confidential and non-proprietary. By providing any User-Provided Materials on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute, promote, broadcast, and otherwise disclose to third parties any such material for any purpose in any and all media or distribution methods now known or later developed.
7.3. To the extent you appear in, create, upload, post, or send User-Provided Materials, you hereby grant Company and our respective licensees, successors and assigns, the unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice, including in connection with commercial or sponsored content. You acknowledge that you will not be entitled to any compensation from Company, our affiliates, or our business partners if your name, likeness, or voice is conveyed through the Services, either on the Services or on one of our business partner’s platforms.
7.4. You represent and warrant that: (i) You own or control all rights in and to the User-Provided Materials and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns; and (ii) all of your User-Provided Materials do and will comply with these Terms of Use and applicable law.
7.5. You understand and acknowledge that you are responsible for any User-Provided Materials you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
7.6. We are not responsible, or liable to any third party, for the content or accuracy of any User-Provided Materials posted by you or any other user of the Services.
8. Monitoring and Enforcement; Termination.
8.1. We have the right to:
(a) Remove or refuse to post any User-Provided Materials for any or no reason in our sole discretion.
(b) Take any action with respect to any User-Provided Materials that we deem necessary or appropriate in our sole discretion, including if we believe that such User-Provided Materials violates the Terms of Use, including the Content Standards (as defined bellow), infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for the Company.
(c) Disclose your identity or other information about you to any third party who claims that material posted or otherwise provided by you violates their rights, including their intellectual property rights or their right to privacy.
(d) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
(e) Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use or the terms of any other commercial agreement you have entered into with Company.
8.2. Without limiting the foregoing, we have the right to fully cooperate with any third party, including any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
8.3. However, we do not undertake to review all material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
9. Content Standards
9.1. Any User-Provided Materials you provide must, in their entirety, comply with all applicable federal, state, local and international laws and regulations. In addition, the content standards set forth below (“Content Standards”) apply to any and all User-Provided Materials. Without limiting the foregoing, User-Provided Materials must not:
(a) Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
(b) Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
(c) Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
(d) Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy.
(e) Contain false, untrue or misleading information or otherwise be likely to deceive any person.
(f) Promote any illegal activity, or advocate, promote or assist any unlawful act.
(g) Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
(h) Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
(i) Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
(j) Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
9.2. In the event that we determine, in our sole discretion, that you are violating any of the Content Standards, we reserve the right to remove any applicable User-Provided Materials, and/or terminate your access to the Services.
9.3. In the event we determine that you are repeatedly infringing the copyrights of any third parties your account will be terminated and your continued access to the Services will be denied in accordance with applicable law.
10. Copyright Infringement. .
10.1. If you believe that any content made available on the Website or the Services (including User-Provided Materials) violate your copyright, you may submit a notification pursuant providing us with the following information in writing (collectively, a “Notice”):
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interests;
2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
3. identification of the URL or other specific location on the Services where the material that you claim is infringing is located;
4. your address, telephone number, and email address;
5. a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
10.2. All Notices must be sent to our copyright agent via email at contact@eldritchfoundry.com.
11. Reliance on Information Posted.
11.1. 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.
11.2. The Services includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
12. Purchases and Other Terms and Conditions.
12.1. User’s Account. In order to purchase Goods, User shall be required to open an account (“Account”) and provide the Company with the following details (i) your first and last name; (ii) your email address; (iii) shipping address; (iii) your username; and (iv) your phone number (“Account Details”). The Company shall issue you a password to enable you to log on to its systems and order the Goods you would like to purchase. Account Details and the password assigned to you shall be kept and used according to the Company’s Privacy Policy. Any act and/or omission made through your Account shall be deemed to have been made by you and you shall be liable for any such act and/or omission.
12.2. To the extent you purchase any Goods or services via the Services, unless you are presented with additional terms and conditions at the time of purchase, the following shall apply:
(a) You shall timely pay to Company all fees (“Fees”) for all such goods/services at the rate(s) set forth on the Purchase Page. Unless provided otherwise in the applicable Purchase Page Goods shall be provided to Users only after all amount owed in connection with such Goods (including the delivery thereof) is paid to the Company.
(b) All shipping terms, estimates and costs shall be as set forth on the Purchase Page.
(c) Company may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Company thirty (30) days after the mailing date of the invoice.
(d) To the extent you elect to pay any Fees electronically, you authorize us, or our third party payment processor, to charge your debit or credit card or process other means of payment for those Fees. Credit and debit card purchases shall all be immediately due and owing.
(e) In the event that Company does not receive payment of any Fees, or other amounts due, within the time frames above, interest shall accrue at the rate of one and half percent (1.5%) per month (or the maximum rate allowed by law) and Company reserves the right, in addition to any other rights and in its sole discretion, to suspend or terminate access to the Services by such Customer (including by not delivering the Goods until such amounts are received). In addition, Customer shall reimburse Company for the costs of collection including, without limitation, attorneys’ fees and expenses and any costs associated with declined credit or debit cards
13. Refunds and Returns of Goods.
13.1. Company will provide a refund for Goods ordered so long as you (i) contact Company within 3 days; and (ii) the applicable Goods have not yet been printed or otherwise manufactured. Because the Goods are custom-printed based on the unique design elements you have selected, Company cannot provide refunds for Goods once they have been printed.
13.2. Other than as set forth above all sales are final and no refunds will be available.
13.3. In the event your Goods arrive in a damaged condition Company may elect to provide replacement Goods at no additional cost so long as you (i) notify Company within ten (10) days of your receipt of the Goods (detailing the nature of the damage to the Goods and such other information we may reasonably require); and (ii) provide documentation relating to the damaged Goods as may be reasonably requested by Company. Company may, at its sole discretion, require you to return any damaged Goods to Company prior to issuing a replacement.
13.4. Additional terms and conditions may also apply to specific portions, services or features of the Services. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.
14. Links from the Services. If the Website and/or Services contains links to other sites and resources provided by third parties, or if third parties’ sites and resources are otherwise available through the Website and/or Services (such sites and resources “Third Party Content”), this Third Party Content is provided for your convenience only. This Third Party Content includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the Third Party Content, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
15. Geographic Restrictions. The owner of the Services is based in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
16. Disclaimer of Warranties.
16.1. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our platform for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
16.2. YOUR USE OF THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, FITNESS FOR PARTICULAR PURPOSE, NON-INFRINGEMENT OR AVAILABILITY OF THE SERVICES AND THE GOODS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
16.3. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
16.4. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
17. Limitation on Liability.
17.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE GOODS, SERVICES AND WEBSITE; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES AND WEBSITE; (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR USER-PROVIDED MATERIALS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (D) THESE TERMS OF USE; AND (E) THE PRIVACY POLICY. IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE AFORESAID (INCLUDING THE SERVICES) EXCEED THE AMOUNTS YOU PAID COMPANY, IF ANY, IN THE 6 MONTH PERIOD PRECEDING ANY CLAIM.
17.2. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18. Indemnification. You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Services (or any use of your Account), including, but not limited to, your User Contributions, any use of the Services’ content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Services.
19. Governing Law and Jurisdiction.
19.1. All matters relating to the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania, without giving effect to any choice or conflict of law provision or rule.
19.2. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal or state courts sitting in Philadelphia, Pennsylvania. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
20. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
21. Waiver and Severability.
21.1. No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
21.2. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
22. Miscellaneous.
22.1. Entire Agreement. The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.
22.2. Your Comments and Concerns. The Services is operated by Eldritch Foundry Inc..
22.3. All other feedback, comments, requests for technical support and other communications relating to the Services (all referred as “Feedback”) if you choose to provide them by making them available to the Company in any manner, shall be made by posting them to the Website, mailing them or directing them to: contact@eldritchfoundry.com. You hereby grant Company a non-exclusive, perpetual, royalty free right and license to use the Feedback for its internal business purposes, including to improve its products and services.
22.4. User may not assign this agreement without the prior written consent of the Company, and any assignments in violation of the foregoing shall be void. Nothing in this Agreement is intended or will be construed to give any person, other than the parties hereto, any legal or equitable right, remedy or claim under or in respect of this Agreement or any other provision contained herein.
22.5. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement.
22.6. Any notice or communication required or permitted to be given hereunder may be delivered by hand, deposited with an overnight courier, sent by email, confirmed facsimile, or mailed by registered or certified mail, return receipt requested, postage prepaid, in each case to the Company at the address stated above, and to User, according to the details provided in the Account Details or otherwise obtained by the Company. Such notice will be deemed to have been given as of the date it is delivered, mailed, emailed, faxed or sent, whichever is earlier.
Last modified: April 11th, 2022
Introduction
Eldritch Foundry LTD (“Company” “we” or “us”) respect your privacy and are committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you use our website at www.eldritchfoundry.com (“ Website”) and any of our related services, including any associated mobile application, along with any related software or Company servers (collectively, the “Services”) and outlines our practices for collecting, using, maintaining, protecting, and disclosing that information. We want to be transparent about the information we collect, how we use it, whom we share it with, and the controls we give you to access, update, and delete your information. After reading this privacy policy, if you still have questions, please contact us at contact@eldritchfoundry.com.
This policy applies to information we collect:
· Within the Services.
· In email, text, and other electronic messages between you and Company.
· When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
It does also apply to information collected by us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries), but not any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Services.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use the Services. By accessing or using the Services, you agree to this privacy policy. This policy may change from time to time (seeChanges to Our Privacy Policy). Your continued use of the Services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
Terms not defined herein shall have the meaning ascribed to them in the Terms of Use. This Privacy Policy is an integral part of the Terms of Use and it is clarified that Sections such as Governing Law and Jurisdiction, Indemnification and Limitation on Liability shall apply to this Privacy policy as well.
You are under no obligation to provide us or enable us to collect any of the data specified below. However, if you refrain from providing us some of this data, we may not be able to provide you with the Services or parts thereof.
1. Children Under the Age of18
The Services is not intended for children under 18 years of age. No one under age 18 should provide any information to or on the Services. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Services or on or through any of its features/register on the Services, make any purchases through the Services, use any of the interactive or public comment features of the Services or provide any information about yourself to us, including your name, email address, telephone number, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at contact@eldritchfoundry.com.
2. Information We Collect About You and How We Collect It
We collect several types of information from and about users of the Services, including personal data and personal information. Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
· Identity Data includes name, title, date of birth and gender.
· Contact Data includes mailing/billing address, email address and telephone numbers.
· Financial Data includes bank account and payment card details.
· Transaction Data includes details about payments to and from you and other details of products and services you have used or purchased from us.
· Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
· Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, Feedback and survey responses.
· Usage Data includes information about how you use our Services.
· Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We also collect, use and share Aggregated Data which is anonymized, de-identified or otherwise aggregated, such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.
We do not collect any special categories of personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
3. How we collect this information
We use different methods to collect data from and about you including: (i) directly from you when you provide it to us; (ii) automatically as you navigate through the Website; and (iii) from third parties, for example our business partners; each as described in greater detail below. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
3.1. Information You Provide to Us
3.1.1. The information we collect on or through the Services may include:
(a) Information that you provide by filling in forms on the Services. This includes information provided at the time of registering to use the Services and setting up an Account, subscribing to our service, posting material, or requesting further services. We may also ask you for information when you report a problem with the Services.
(b) Records and copies of your correspondence (including email addresses), if you contact us.
(c) Your responses to surveys that we might ask you to complete for research purposes.
(d) Details of transactions you carry out through the Services and of the fulfillment of your orders. You may be required to provide financial information before placing an order through the Services.
(e) Your search queries on the Services.
(f) Types of content you view within the Services.
3.1.2. You also may provide User-Provided Materials. The User-Provided Materials are posted on and transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Services with whom you may choose to share your User-Provided Materials. Therefore, we cannot and do not guarantee that the User-Provided Materials will not be viewed by unauthorized persons.
3.2. Information We Collect Through Automatic Data Collection Technologies
3.2.1. As you navigate through and interact with the Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including: (i) details of your visits to the Services, including traffic data, logs, and other communication data and the resources that you access and use on the Services; and (ii) information about your computer and internet connection, including your IP address, operating system, and browser type.
3.2.2. We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).
3.2.2.1. For example, we use a tool called “Google Analytics” to collect information about use of the Website. Google Analytics collects information such as how often users visit the Website, what pages they visit when they do so, and what other sites they used prior to coming to the Website.
We use the information we get from Google Analytics to improve the Website and the Services. Google Analytics collects only the IP address assigned to you on the date you visit the Website, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with any other personally identifiable information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit the Website, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Use and Privacy Policy [Matan please insert link]. You can prevent Google Analytics from recognizing you on return visits to the Website by disabling cookies [Matan please insert link]on your browser.
3.2.3. The information we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve the Services and to deliver a better and more personalized service, including by enabling us to:
(a) Estimate our audience size and usage patterns.
(b) Store information about your preferences, allowing us to customize the Services according to your individual interests.
(c) Speed up your searches.
(d) Recognize you when you return to the Services.
3.2.4. The technologies we use for this automatic data collection may include:
(a) Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Services.
(b) Web Beacons. Pages or other portions of the Services and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
4. Third-Party Use of Cookies (and Other Tracking Technologies)
4.1. Some content or applications, including advertisements, in the Services are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers (see Third Party Content description in this respect). These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the Services. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
4.2. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, seeChoices About How We Use and Disclose Your Information.
5. How We Use Your Information
5.1. We, and our authorized third party service providers, may use information that we collect about you or that you provide to us, including any personal information:
· To present the Services and its contents to you.
· To provide you with information, products, or services that you request from us.
· To notify you about changes to the Services or any products or services we offer or provide through it or other products or services which may be of interest to you.
· To analyze trends and conduct research about improving the Services.
· To correlate information with other commercially available information to identify demographics and preferences to assist us in marketing efforts.
· To contact users for research, informational or marketing purposes.
· To learn about our users’ needs.
· To track traffic patterns and usage of the Services, including customizing our recommendations and promotions to you based on your information.
· To address information security and/or privacy practices control, network functioning, engineering, and troubleshooting issues.
· To investigate claims and/or legal actions, violations of law or agreements, and compliance with relevant applicable laws and legal process.
· To comply with law, or based on our good-faith belief that it is necessary to conform or comply with the law, or otherwise to disclose information to prevent fraud and reduce credit risks, to cooperate with police and other governmental authorities, or to protect the rights, property or safety of visitors to the Services or the public.
· To process or engage in a sale of all or part of our business, or if we go through a reorganization or merger (in which case information may be transferred to the entity we merge into and/or the third party purchasing our activity).
· To fulfill any other purpose for which you provide it.
· To provide you with notices about your account/subscription, including expiration and renewal notices.
· To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for processing credit cards, billing and collection.
· To allow you to participate in interactive features on the Services.
· In any other way we may describe when you provide the information.
· For any other purpose with your consent.
5.2. We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you and to display advertisements to our advertisers’ target audiences. For more information about steps you can take to control how your information is used, see Choices About How We Use and Disclose Your Information.
6. Lawful Basis of Processing. We collect and process your personal information under the following lawful bases:
6.1. With your consent as provided hereunder;
6.2. Performance of a contract with you;
6.3. As necessary to comply with a legal obligation; and
6.4. To fulfill our legitimate interest in conducting our business, where your interests and fundamental rights do not override those interests including, but not limited to:
a. providing the services for which you have enrolled and Goods you have purchased;
b. to keep our records updated;
c. to study how customers use our products/services, to develop them and grow our business and inform our marketing strategy;
d. for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercises;
e. contacting you about our products, or responding to your requests.
7. Change of Purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, other than as set forth in this Privacy Policy, , we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
8. Disclosure of Your Information
8.1. We may disclose or otherwise utilize aggregated informationabout our Users, and information that does not identify any individual, without restriction. No User will have any right in connection with such aggregated information or the use, disclosure or utilization thereof.
8.2. We may disclose (and transfer) personal information that we collect or you provide as described in this privacy policy:
· To our subsidiaries and affiliates.
· To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
· To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Company about the Services users is among the assets transferred.
· To third parties to market their products or services to you.
· To fulfill the purpose for which you provide it. (e.g. sharing payment information with our third party payment processors)
· For any other purpose disclosed by us when you provide the information.
8.3. We may also disclose your personal information:
· To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
· To enforce or apply our Terms of Use and other agreements, including for billing and collection purposes.
· If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
9. Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
10. Opting Out
You can ask us or third parties to stop sending you marketing messages at any time by (i) logging into the Website and checking or unchecking relevant boxes to adjust your marketing preferences; (ii) by following the opt-out links on any marketing message sent to you; or (iii) by contacting us at any time.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service experience or other transactions.
11. Accessing and Correcting Your Information
11.1. You can review and change certain elements of the personal information provided to Company by logging into the Services and visiting your account profile page.
11.2. You may also send us an email at contact@eldritchfoundry.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
11.3. If you delete your User-Provided Materials from the Services (if such deletion option is provided in the Services), copies of your User-Provided Materials may remain viewable in cached and archived pages, or might have been copied or stored by other Services users. Proper access and use of information provided on the Services, including User Contributions, is governed by our terms of use .
12. Your California Privacy Rights
California Civil Code Section § 1798.83 permits users of the Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to [EMAIL ADDRESS][ or write us at: [MAILING ADDRESS]
13. Data Retention
13.1. We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
13.2. To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
14. Your Legal Rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data, which may include rights to the following:
• Request access to your personal data.
• Request correction of your personal data.
• Request erasure of your personal data.
• Object to processing of your personal data.
• Request restriction of processing your personal data.
• Request transfer of your personal data.
• Withdraw consent.
If you wish to exercise any of the rights set out above, please contact us at contact@eldritchfoundry.com.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances. We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
15. Data Security
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Services. The information you share in public areas may be viewed by any user.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we can neither guarantee the security of your personal information transmitted to the Services nor can we guarantee that such information will not become publicly available. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services. You can reduce these risks by using common-sense security practices such as choosing a strong password, using different passwords for different services, and using up-to-date antivirus software on your electronic devices.
16. Users Outside of the United States
The owner of the Services is based in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
All information you receive from the Services may be created on servers located outside the United States, and all information you provide may be maintained on web servers and systems located outside the United States. The data protection laws the United States and other countries might not be the same as those in your country. By using the Services or submitting information to us, you specifically consent to the transfer of your information to the European Union and/or Israel and to the facilities and servers we use, and to those with whom we may share your information.
17. Changes to Our Privacy Policy
It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Services. If we make material changes to how we treat our users’ personal information, we will notify you by email to the email address specified in your account and through a notice on the Services home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting the Services and this privacy policy to check for any changes. your continued use of the Sites after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
18. Contact Information
To ask questions or comment about this privacy policy and our privacy practices, contact us at:
contact@eldritchfoundry.com
Depending on where you reside you may have the right to make a compliant to your local supervisory authority for data protection issues. We would, however, appreciate the chance to deal with your concerns first so please contact us.
Last modified: July 24, 2023.
This Merchant License Agreement (“Agreement“) is entered into by and between you (“Merchant”) and Eldritch Foundry Inc., registered under the law of the state of Delaware (“Company”).
According to this Agreement, the Merchant has a right to download/print Company’s digital designs, miniatures or other goods via the Company’s website (collectively, “Goods”), and to sell the Goods to third parties.
By subscribing to the Merchant License, the Merchant is explicitly entering into an agreement with the Company in accordance with the following terms and conditions.
While the Agreement is in force, Merchant is allowed to print and resell the Goods, with no limit to the number of prints. Merchant is not allowed to have any modification done to the Goods, other than resizing. It is clarified that any resized Goods shall be considered Goods for all intents and purposes.
Merchant also is required to post the Company’s logo (provided here), with a dedicated link back to the Eldritch Foundry website, where applicable.
Merchant rights start immediately after purchasing the Merchant License and agreeing to all the terms and conditions listed in this agreement and shall expire at the end of the purchased duration. After termination of the Agreement, the rights to print and resale expires, and the Merchant shall be allowed to use any Goods only for personal use.
Any violation of this Agreement, the Company’s Terms of Use and/or Privacy Policy, will allow the Company to immediately terminate the Agreement, upon written notice to the Merchant provided via the email given upon subscription.
Molds used as a means of mass production are excluded from this agreement and shall not be used.
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