These Terms of Use (“Terms”) are a binding agreement between you and Shadow Mountain V, LLC (“Company,” “we,” “us”). They govern the public website at shadowmountain.games and, together with the End User License Agreement, our applications. Platform storefront terms (Apple, Google) also apply to purchases made there.
1. Acceptance
By using the Site or an App you agree to these Terms and the EULA. Our Privacy Policy describes how we handle information; it is a notice, not a separate contract, except where a store or a prompt asks you to agree to it. If you do not agree, do not use the Site or the App.
You must be old enough to use the Site or App under applicable law and the store’s rules. If you use them on behalf of someone else, you represent you have authority to bind them.
2. The site
Shadow Mountain Games is a label of Shadow Mountain V, LLC. Site content is general information. Nothing on the Site is a promise of a ship date, a catalog, or a store listing.
3. Acceptable use
You may not attack the Site, scrape it at abusive volume, or use the Site or an App for any unlawful purpose.
4. Intellectual property
The Site, Apps, marks, and ridge logo are owned by Shadow Mountain V, LLC or its licensors. “Shadow Mountain” as used here is our product name.
5. Disclaimers
THE SITE AND APPS ARE PROVIDED “AS IS.” WE DISCLAIM WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT TO THE MAXIMUM EXTENT PERMITTED BY LAW.
6. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHADOW MOUNTAIN V, LLC WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR DATA LOSS. OUR TOTAL LIABILITY FOR A CLAIM RELATING TO THE SITE OR AN APP WILL NOT EXCEED THE GREATER OF TEN US DOLLARS (US $10) OR THE AMOUNTS YOU PAID US FOR THAT APP IN THE THREE MONTHS BEFORE THE CLAIM. SOME PLACES DO NOT ALLOW THESE LIMITS.
7. Governing law
These Terms are governed by the laws of the State of California, excluding conflict-of-law rules. Courts in Riverside County, California have exclusive venue, except that either party may seek injunctive relief in any court of competent jurisdiction. If you are a consumer in a jurisdiction that requires local courts or mandatory consumer protections, those protections still apply.
8. Changes
We may update these Terms. The effective date will change. If you continue to use the Site or an App after an update, you accept the new Terms where permitted.
9. California notice
Under California Civil Code § 1789.3, California users are entitled to this consumer rights notice. The provider of the Site and Apps is Shadow Mountain V, LLC, 73101 CA-111 Unit 5, Palm Desert, CA 92260. For complaints or further information, email [email protected] or write that address. You may also contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or (800) 952-5210.
California and other state privacy rights are described in our Privacy Policy.
10. Contact
Shadow Mountain V, LLC
73101 CA-111 Unit 5
Palm Desert, CA 92260
[email protected]