Terms of service
OVERVIEW
This website is operated by My Store (also referred to as cancelled.club). Throughout the site, the terms “we”, “us” and “our” refer to My Store. My Store offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
SECTION 1A - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2A - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3A - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4A - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5A - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: [LINK TO REFUND POLICY]
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6A - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy: [LINK TO REFUND POLICY]
SECTION 7A - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 8A - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9A - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10A - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY]
SECTION 11A - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12A - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13A - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall My Store, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14A - INDEMNIFICATION
You agree to indemnify, defend and hold harmless My Store and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15A - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16A - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17A - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18A - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
SECTION 19A - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20A - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@cancelled.club with TERMS OF SERVICE typed in the Subject line of your email.
Additional Terms of Service:
- Introduction:
In using our website Cancelled.club (“website”), our social media, games, or other products, you are accepting our terms of use. These Terms of Use are a legally binding contract between Cancelled Club (“company,” “we,” “our,” or “us” etc.) and yourself (“client,” “you,” “buyer,” “user,” etc.) We ask that you carefully read these Terms of Use before using our website or our products. By using the Website, any product, making purchases, using our social media feed, links, or anything else associated to Cancelled Club, you are acknowledging you have read, understand, accept, and agree to be bound to and abide by these Terms of Use and our Privacy Policy which can be found here.
Cancelled Club includes Cancelled Club, LLC and anyone affiliated with Cancelled Club in a professional, working relationship capacity whether past or present.
The website is offered only to users who are 18 years of age or older and therefor of the legal age to accept this (or other) binding contract. If for any reason you are not able to accept a legally binding contract, you must not use our website or purchase our products. Even though the game is deemed 14+, any minor must play at the discretion of their legal guardians. Legal guardians accept full responsibility over their minors and must not let them access, purchase, or give personal information to anything to do with Cancelled Club.
We reserve the right to make Changes to the Terms of Use at any time, without notice, and they will be effective immediately upon posting them. We encourage you to check for updates to the terms of use before using our site at any time.
We reserve the right to end promotional offers at any time and without notice as well as the right to change, delete, modify, restrict, or hide anything at any time. You are responsible for making sure anyone who accesses our website or products through your computer or device is aware of the Terms of Use and that they comply with them.
- Intellectual Property:
2.1 Ownership: a. All content, including but not limited to web design, copy, card games, t-shirt designs, and other merchandise (collectively referred to as "Content"), made available on this website or through any other means associated with Cancelled Club, is the sole and exclusive intellectual property of Cancelled Club. b. Cancelled Club asserts and retains all rights, title, and interest, including copyrights, trademarks, and any other relevant intellectual property protections, in and to the Content.
2.2 Unauthorized Use: a. Users, including but not limited to website visitors, customers, and individuals submitting content to Cancelled Club, are strictly prohibited from reproducing, distributing, or using Cancelled Club's intellectual property without obtaining prior written consent from Cancelled Club. b. This prohibition includes, but is not limited to, any reproduction, distribution, display, modification, adaptation, or creation of derivative works based on the Content. c. Users shall not use Cancelled Club's intellectual property in any way that may infringe upon Cancelled Club's rights or the rights of any third party.
2.3 Written Consent: a. Users seeking to reproduce, distribute, or use Cancelled Club's intellectual property must obtain explicit written consent from Cancelled Club. b. Requests for consent should be directed to Cancelled Club's designated representative, whose contact details can be found in the "Contact Information" section of these terms and conditions. c. Any use of Cancelled Club's intellectual property without proper written consent shall be considered a violation of Cancelled Club's rights.
2.4 Reservation of Rights: a. Nothing in these terms and conditions shall be construed as granting users any right, title, or interest in or to Cancelled Club's intellectual property, except for the limited rights expressly granted herein. b. Cancelled Club reserves all rights not expressly granted to users under these terms and conditions.
2.5 Remedies for Violation: a. In the event of any violation or unauthorized use of Cancelled Club's intellectual property, Cancelled Club may seek all available legal remedies, including but not limited to injunctive relief, damages, and attorney's fees. b. Cancelled Club's remedies are cumulative and not exclusive, and Cancelled Club shall be entitled to pursue any and all remedies available at law or in equity.
2.6 Survival: The provisions of this "Intellectual Property" section shall survive the termination or expiration of these terms and conditions.
- Offensive Content and Disclaimers:
3.1 Acknowledgment of Offensive Content: a. Cancelled Club acknowledges that its website and associated platforms may contain content that some users may find offensive, objectionable, or controversial (referred to as "Offensive Content"). b. Cancelled Club recognizes that Offensive Content may include, but is not limited to, language, images, themes, or representations that may be considered explicit, sensitive, or provocative.
3.2 Non-Endorsement of Offensive Content: a. Cancelled Club does not endorse, support, or condone any Offensive Content available on its website or associated platforms. b. Offensive Content may be provided on the website for artistic, satirical, or entertainment purposes only. c. The inclusion of Offensive Content should not be construed as an endorsement or approval of its message, ideas, or perspectives.
3.3 User Discretion and Risk: a. Users acknowledge and agree that they access and use Offensive Content at their own discretion and risk. b. Cancelled Club does not assume responsibility or liability for any offense, harm, or discomfort that may arise from the viewing, interaction with, or reliance upon Offensive Content. c. Users are solely responsible for determining whether to access or continue to access Offensive Content and should exercise caution and judgment when doing so. This includes the use of the game, t-shirts or other products.
3.4 User Responsibility: a. Users agree to use Cancelled Club's website and associated platforms in a responsible and lawful manner, refraining from any misuse or exploitation of Offensive Content. b. Users shall not use Offensive Content to harass, threaten, discriminate against, or harm any individual or group. c. Cancelled Club reserves the right to take appropriate action, including but not limited to removing Offensive Content and restricting user access, to address any misuse or violation of these terms and conditions.
3.5 Content Reporting: a. Cancelled Club encourages users to report any Offensive Content they encounter on the website or associated platforms. b. Reports can be submitted through the designated reporting mechanisms provided by Cancelled Club.
3.6 Disclaimer of Liability: a. Cancelled Club disclaims any liability for any damages, losses, or harm arising from the use, reliance upon, or exposure to Offensive Content. b. To the fullest extent permitted by applicable law, Cancelled Club shall not be held responsible for any direct, indirect, incidental, consequential, or punitive damages resulting from Offensive Content.
3.7 Severability: If any provision of this "Offensive Content and Disclaimers" section is found to be invalid, unenforceable, or contrary to law, it shall be modified or severed to the extent necessary, without affecting the validity or enforceability of the remaining provisions.
- Limited Liability and Warranty:
4.1 Limitation of Liability: a. Cancelled Club shall not be liable for any direct, indirect, incidental, consequential, or special damages arising from the use of its website, products, or services, including but not limited to damages for loss of profits, data, or goodwill. b. This limitation applies regardless of the nature of the claim, whether based on contract, warranty, tort (including negligence), strict liability, or any other legal theory, and whether or not Cancelled Club has been advised of the possibility of such damages.
4.2 Products "As Is": a. Cancelled Club's products, including card games, t-shirts, and other merchandise, are provided on an "as is" basis. b. Cancelled Club makes no warranties or representations, whether expressed or implied, regarding the products, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy. c. Cancelled Club does not warrant that the products will meet users' requirements, be error-free, or function without interruption.
4.3 Assumption of Risk: a. Users acknowledge and agree that the use of Cancelled Club's website, products, or services is at their own risk. b. Cancelled Club does not assume any responsibility for the accuracy, completeness, reliability, or usefulness of the information, content, or products available on its website or through any other means. c. Users are solely responsible for evaluating the suitability, usefulness, or appropriateness of the website, products, or services for their intended purposes.
4.4 No Responsibility for Third-Party Actions: a. Cancelled Club shall not be responsible or liable for any actions, omissions, or conduct of third parties, including but not limited to users, customers, or other individuals or entities. b. Cancelled Club does not endorse, warrant, or guarantee the actions or products of any third party, even if such third party is affiliated with Cancelled Club.
4.5 Indemnification: a. Users agree to indemnify, defend, and hold harmless Cancelled Club and its affiliates, directors, officers, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to the use of Cancelled Club's website, products, or services, or any violation of these terms and conditions.
4.6 Severability: If any provision of this "Limited Liability and Warranty" section is found to be invalid, unenforceable, or contrary to law, it shall be modified or severed to the extent necessary, without affecting the validity or enforceability of the remaining provisions.
- Payment and Refunds:
5.1 Payment Methods: a. Cancelled Club accepts payment through the following methods: credit cards, debit cards. b. Users are responsible for providing accurate and valid payment information when making a purchase.
5.2 Transaction Completion: a. Completion of a transaction occurs when Cancelled Club receives full payment for the purchased products or services. b. Cancelled Club reserves the right to refuse or cancel any transaction at its sole discretion, including but not limited to situations where the payment method is invalid or fraudulent.
5.3 Refund Policy: a. Cancelled Club may offer refunds for eligible purchases in accordance with its refund policy. b. The refund policy shall specify the conditions, deadlines, and procedures for requesting a refund. c. Users must comply with the refund policy to be considered eligible for a refund. d. Refunds may be provided in the original form of payment or through an alternative method determined by Cancelled Club.
5.4 Eligibility for Refunds: a. Eligibility for a refund is subject to the terms and conditions set forth in Cancelled Club's refund policy. b. Refunds may be granted for reasons such as product defects, fulfillment errors, or other circumstances determined by Cancelled Club. c. Cancelled Club reserves the right to refuse refunds for products that have been misused, damaged, or altered by the user.
5.5 Deadline for Refund Requests: a. Users must submit refund requests within the specified deadline stated in Cancelled Club's refund policy. b. Refund requests received after the deadline may be denied at Cancelled Club's discretion.
5.6 Refund Processing Time: a. Cancelled Club will make reasonable efforts to process eligible refunds in a timely manner. b. The actual time it takes for a refund to be processed and reflected in the user's account may vary depending on factors such as payment method and financial institution processing times.
5.7 No Refunds for Prohibited Conduct: a. Cancelled Club reserves the right to refuse refunds to users who have engaged in prohibited conduct, including but not limited to fraudulent activities, misuse of products, or violation of these terms and conditions.
5.8 Contact for Refund Inquiries: For inquiries or assistance regarding refunds, users may contact Cancelled Club's customer support through the designated communication channels provided on the website.
5.9 Severability: If any provision of this "Payment and Refunds" section is found to be invalid, unenforceable, or contrary to law, it shall be modified or severed to the extent necessary, without affecting the validity or enforceability of the remaining provisions.
- Governing Law and Jurisdiction:
6.1 Governing Law: a. These terms and conditions and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of Indiana. b. Any provision of law or conflict of law principles that would require the application of the laws of any other jurisdiction is hereby expressly waived.
6.2 Jurisdiction: a. Any legal action, suit, or proceeding arising out of or relating to these terms and conditions or the use of Cancelled Club's website, products, or services shall be instituted exclusively in the courts of Indianapolis, IN. b. Users consent to the personal jurisdiction of such courts and waive any objection to the laying of venue in such courts.
6.3 Alternative Dispute Resolution: a. In the event of a dispute arising out of or relating to these terms and conditions or the use of Cancelled Club's website, products, or services, Cancelled Club and the user agree to first attempt to resolve the dispute through good-faith negotiations. b. If the parties are unable to reach a resolution through negotiations, they may pursue alternative dispute resolution (ADR) methods, such as mediation or arbitration, in accordance with the rules and procedures of a mutually agreed-upon ADR provider. c. Any ADR proceedings shall be conducted in Indianapolis, IN, and the decision rendered by the arbitrator(s) shall be final and binding on both parties.
6.4 No Class Actions: Any dispute resolution proceedings, whether in court or through ADR, shall be conducted on an individual basis. Users waive their right to participate in any class, collective, or representative actions against Cancelled Club.
6.5 Severability: If any provision of this "Governing Law and Jurisdiction" section is found to be invalid, unenforceable, or contrary to law, it shall be modified or severed to the extent necessary, without affecting the validity or enforceability of the remaining provisions.
- Modifications and Termination:
7.1 Right to Modify: a. Cancelled Club reserves the right to modify, update, or change these terms and conditions at any time, without prior notice, at its sole discretion. b. Users are encouraged to review the terms and conditions periodically to stay informed of any changes. c. By continuing to access or use Cancelled Club's website, products, or services after any modifications, users agree to be bound by the updated terms and conditions.
7.2 Right to Terminate: a. Cancelled Club reserves the right to terminate, suspend, or restrict users' access to its website, products, or services, in whole or in part, at any time and for any reason, without prior notice or liability. b. Termination may result from a breach of these terms and conditions or any applicable laws or regulations, or for any other reason determined by Cancelled Club.
7.3 Effect of Termination: a. In the event of termination, users' right to access or use Cancelled Club's website, products, or services shall immediately cease. b. Cancelled Club shall not be liable for any damages, losses, or liabilities arising from or related to the termination of users' access.
7.4 Severability: If any provision of this "Modifications and Termination" section is found to be invalid, unenforceable, or contrary to law, it shall be modified or severed to the extent necessary, without affecting the validity or enforceability of the remaining provisions.
- Personal Information:
8.1 Collection and Use of Personal Information: a. Cancelled Club may collect and store personal information provided by users, including but not limited to names, email addresses, and payment details, for the purpose of processing orders, delivering products, and providing customer support. b. Cancelled Club may also use personal information to communicate with users about promotions, updates, or other relevant information related to its products or services. c. Cancelled Club will only collect and use personal information in accordance with its Privacy Policy and applicable data protection and privacy laws.
8.2 Compliance with Data Protection and Privacy Laws: a. Cancelled Club is committed to protecting the privacy and confidentiality of user information and complies with all applicable data protection and privacy laws. b. Cancelled Club's collection, storage, and use of personal information shall be in accordance with its Privacy Policy, which outlines the practices and procedures for handling user data.
8.3 Security Measures: a. Cancelled Club takes reasonable measures to protect the security and integrity of user data. b. Cancelled Club implements industry-standard security measures, including but not limited to encryption, firewalls, and secure socket layer (SSL) technology, to protect personal information from unauthorized access, disclosure, alteration, or destruction. c. However, Cancelled Club cannot guarantee the absolute security of user data, and users acknowledge and accept that there are inherent risks associated with the transmission and storage of information over the internet.
8.4 Third-Party Service Providers: a. Cancelled Club may engage third-party service providers to assist in the collection, storage, or processing of personal information. b. Cancelled Club ensures that any third-party service providers comply with applicable data protection and privacy laws and maintain appropriate security measures to protect user data.
8.5 Data Retention: a. Cancelled Club will retain user data only for as long as necessary to fulfill the purposes for which it was collected or as required by law. b. Users have the right to request the deletion or modification of their personal information in accordance with Cancelled Club's Privacy Policy.
8.6 Consent: a. By providing their personal information, users consent to Cancelled Club collecting, storing, and using their information as described in its Privacy Policy and these terms and conditions. b. Users have the right to withdraw their consent at any time by contacting Cancelled Club in accordance with its Privacy Policy.
8.7 Severability: If any provision of this "Personal Information" section is found to be invalid, unenforceable, or contrary to law, it shall be modified or severed to the extent necessary, without affecting the validity or enforceability of the remaining provisions.
- Prohibited Uses:
9.1 Unauthorized Activities: a. Users are strictly prohibited from engaging in any activities that are illegal, harmful, fraudulent, deceptive, or in violation of these terms and conditions. b. Prohibited activities include, but are not limited to, the following: i. Engaging in any form of illegal or unlawful activity. ii. Uploading, transmitting, or distributing any content that is infringing, defamatory, obscene, offensive, or harmful to others. iii. Using Cancelled Club's website or services to spread malware, viruses, or any other malicious code. iv. Attempting to gain unauthorized access to Cancelled Club's systems, accounts, or user data. v. Interfering with the proper functioning of Cancelled Club's website, services, or networks. vi. Engaging in any activity that violates the intellectual property rights of Cancelled Club or any third party. vii. Collecting or harvesting personal information of users without their consent. viii. Engaging in any activity that disrupts or imposes an unreasonable burden on Cancelled Club's infrastructure, systems, or networks. ix. Engaging in any activity that violates applicable laws, regulations, or third-party rights.
9.2 User Responsibility: a. Users are solely responsible for their actions and conduct while using Cancelled Club's website or services. b. Users must not use Cancelled Club's website for any unauthorized or prohibited purposes.
9.3 Suspension or Termination: a. Cancelled Club reserves the right to suspend or terminate users' access to its website or services, without prior notice, for engaging in prohibited activities or violating these terms and conditions. b. Cancelled Club may also take legal action or cooperate with law enforcement authorities in cases of prohibited activities.
9.4 Reporting Prohibited Activities: a. Users are encouraged to report any suspected prohibited activities or violations of these terms and conditions to Cancelled Club. b. Cancelled Club will investigate such reports and take appropriate action, as deemed necessary.
9.5 Severability: If any provision of this "Prohibited Uses" section is found to be invalid, unenforceable, or contrary to law, it shall be modified or severed to the extent necessary, without affecting the validity or enforceability of the remaining provisions.
- Reliance on Information:
10.1 General Information: a. Any information or content provided on Cancelled Club's website, including but not limited to product descriptions, articles, blogs, promotions, or any other materials, is for general informational purposes only. b. Cancelled Club does not warrant or guarantee the accuracy, completeness, reliability, or timeliness of any information or content on its website. c. Users acknowledge that they use the information on Cancelled Club's website at their own risk and discretion.
10.2 Independent Verification: a. Cancelled Club encourages users to independently verify any information or content provided on its website. b. Users should not solely rely on the information or content on Cancelled Club's website for making decisions or taking actions, but should seek independent advice or verification when necessary.
10.3 No Warranty or Guarantee: a. Cancelled Club disclaims any warranties or guarantees, whether expressed or implied, regarding the accuracy, completeness, reliability, or timeliness of the information or content on its website. b. Cancelled Club does not make any representations or warranties regarding the suitability, quality, or availability of its products or services.
10.4 No Liability for Reliance: a. Cancelled Club shall not be liable for any damages, losses, or liabilities arising from or related to the reliance on, use of, or inability to use the information or content provided on its website. b. Users acknowledge that any decisions or actions taken based on the information or content on Cancelled Club's website are their sole responsibility.
10.5 Independent Professional Advice: a. Cancelled Club advises users to seek independent professional advice or consultation for specific situations, concerns, or questions related to their use of Cancelled Club's website, products, or services. b. Information provided on Cancelled Club's website should not be considered as professional or legal advice.
10.6 Severability: If any provision of this "Reliance on Information" section is found to be invalid, unenforceable, or contrary to law, it shall be modified or severed to the extent necessary, without affecting the validity or enforceability of the remaining provisions.
- Links to Third-Party Websites:
11.1 Third-Party Websites: a. Cancelled Club's website may contain links to third-party websites for users' convenience, reference, or additional information. b. These links are provided solely as a convenience to users and do not signify any endorsement, sponsorship, or affiliation with the linked websites. c. Cancelled Club has no control over the content, practices, or privacy policies of third-party websites.
11.2 No Responsibility for Third-Party Websites: a. Cancelled Club is not responsible for the content, accuracy, availability, or practices of third-party websites linked from its website. b. Users acknowledge and agree that Cancelled Club shall not be liable for any damages, losses, or liabilities arising from or related to the use of, or reliance on, the content, products, services, or practices of any third-party websites.
11.3 Review of Third-Party Terms and Policies: a. Users should carefully review the terms and conditions and privacy policies of any third-party websites they visit through links on Cancelled Club's website. b. Cancelled Club encourages users to exercise caution and to understand the terms and policies of third-party websites before engaging in any transactions, providing personal information, or using their services.
11.4 Severability: If any provision of this "Links to Third-Party Websites" section is found to be invalid, unenforceable, or contrary to law, it shall be modified or severed to the extent necessary, without affecting the validity or enforceability of the remaining provisions.
- Indemnification:
12.1 User's Obligation to Indemnify: a. Users agree to indemnify and hold Cancelled Club and its affiliates, directors, officers, employees, and agents harmless from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to their use of Cancelled Club's website or products. b. This indemnification obligation extends to any violations of these terms and conditions, infringement of intellectual property rights, or harm caused to third parties.
12.2 Scope of Indemnification: a. Users shall indemnify Cancelled Club for any claims, damages, liabilities, costs, and expenses arising from: i. Their use of Cancelled Club's website, products, or services. ii. Any content they upload, submit, or contribute to Cancelled Club's website. iii. Any violation of these terms and conditions or applicable laws. iv. Any infringement or violation of intellectual property rights of Cancelled Club or any third party. v. Any harm or injury caused to other users or third parties as a result of their actions, conduct, or use of Cancelled Club's website or products.
12.3 Notice and Defense: a. Cancelled Club will promptly notify users of any claims, demands, or legal actions that may give rise to indemnification obligations. b. Users shall have the right to participate in the defense and settlement of any such claims, with legal counsel of their own choosing, at their own expense. c. Cancelled Club reserves the right, at its own cost, to assume the exclusive defense and control of any matter subject to indemnification by users.
12.4 Severability: If any provision of this "Indemnification" section is found to be invalid, unenforceable, or contrary to law, it shall be modified or severed to the extent necessary, without affecting the validity or enforceability of the remaining provisions.
- Force Majeure:
13.1 Events of Force Majeure: a. Cancelled Club shall not be liable for any failure or delay in performing its obligations under these terms and conditions to the extent that such failure or delay is caused by circumstances beyond its reasonable control. b. Events of Force Majeure may include, but are not limited to, acts of God, natural disasters, war, terrorism, riots, civil unrest, government actions, strikes, labor disputes, power outages, or any other unforeseen or uncontrollable events.
13.2 Effect of Force Majeure: a. In the event of an Event of Force Majeure, Cancelled Club's obligations under these terms and conditions will be suspended for the duration of the event. b. Cancelled Club will make reasonable efforts to mitigate the effects of the Event of Force Majeure and to resume its obligations as soon as reasonably practicable.
13.3 Notice: a. If an Event of Force Majeure occurs, Cancelled Club will provide prompt notice to affected users, informing them of the event and its impact on Cancelled Club's ability to perform its obligations. b. Cancelled Club will not be liable for any damages, losses, or liabilities arising from or related to the Event of Force Majeure.
13.4 Termination: a. If the Event of Force Majeure continues for an extended period and substantially affects Cancelled Club's ability to provide its products or services, either party may terminate these terms and conditions upon written notice. b. Termination under this provision shall not relieve users of their obligations or liabilities incurred prior to the termination.
13.5 Severability: If any provision of this "Force Majeure" section is found to be invalid, unenforceable, or contrary to law, it shall be modified or severed to the extent necessary, without affecting the validity or enforceability of the remaining provisions.
- Dispute Resolution:
14.1 Preferred Method of Resolution: a. Cancelled Club and users agree that any disputes, claims, or controversies arising out of or relating to these terms and conditions, the website, or the products shall be resolved through alternative dispute resolution methods, such as mediation or arbitration, before resorting to litigation. b. The goal of alternative dispute resolution is to achieve a fair and mutually satisfactory resolution in a more cost-effective and efficient manner.
14.2 Good Faith Efforts: a. Cancelled Club and users agree to engage in good faith efforts to resolve any disputes or disagreements that may arise. b. This includes participating in mediation or arbitration in a cooperative manner, providing relevant information, and considering reasonable proposals for resolution.
14.3 Mediation: a. If a dispute arises, the party seeking resolution shall initiate the mediation process by providing written notice to the other party. b. The parties will then work together to select a mutually acceptable mediator and schedule the mediation session. c. Mediation shall be conducted in accordance with the rules and procedures agreed upon by the parties or as determined by the mediator.
14.4 Arbitration: a. If mediation does not result in a satisfactory resolution, or if the parties mutually agree to skip mediation, any unresolved dispute shall be referred to binding arbitration. b. The arbitration shall be conducted in accordance with the rules and procedures of a recognized arbitration institution mutually agreed upon by Cancelled Club and the user. c. The arbitrator's decision shall be final and binding on both parties.
14.5 Exception for Injunctive Relief: Notwithstanding the above, Cancelled Club or users may seek immediate injunctive relief from a court of competent jurisdiction if necessary to prevent irreparable harm or to protect intellectual property rights.
14.6 Governing Law and Jurisdiction: Any legal action or proceeding arising out of or relating to these terms and conditions shall be governed by and construed in accordance with the laws of Indiana. The parties irrevocably submit to the exclusive jurisdiction of the courts located in Indianapolis, IN for the resolution of any disputes.
14.7 Severability: If any provision of this "Dispute Resolution" section is found to be invalid, unenforceable, or contrary to law, it shall be modified or severed to the extent necessary, without affecting the validity or enforceability of the remaining provisions.
- Entire Agreement:
15.1 Entire Agreement: a. These terms and conditions, including any additional policies or documents referenced herein or referenced or linked to anywhere on the Cancelled Club website, constitute the entire agreement between Cancelled Club and users with respect to the subject matter hereof. b. This agreement supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written, between Cancelled Club and users.
15.2 No Other Representations or Warranties: a. Cancelled Club and users acknowledge that no party has made any representations, warranties, or promises, whether express or implied, that are not expressly stated in these terms and conditions. b. Any additional terms, representations, or warranties not contained herein shall have no force or effect.
15.3 Modifications: a. Any modifications or amendments to these terms and conditions must be made in writing and agreed upon by both Cancelled Club and users. b. No course of dealing, course of performance, or usage of trade shall modify or affect the interpretation or application of these terms and conditions.
15.4 Severability: If any provision of these terms and conditions is found to be invalid, unenforceable, or contrary to law, it shall be modified or severed to the extent necessary, without affecting the validity or enforceability of the remaining provisions.
15.5 Waiver: The failure of Cancelled Club to enforce any provision of these terms and conditions shall not constitute a waiver of that provision or any other provisions.
15.6 Survival: Any provisions of these terms and conditions that, by their nature, should survive termination or expiration shall survive, including but not limited to provisions regarding intellectual property, limitations of liability, indemnification, and dispute resolution.
15.7 Headings: The headings used in these terms and conditions are for convenience only and shall not affect the interpretation or construction of these terms.
15.8 Counterparts: These terms and conditions may be executed in counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.
- Waiver:
16.1 Waiver of Rights: a. Any failure or delay by Cancelled Club in exercising any right, power, or remedy under these terms and conditions shall not be deemed a waiver of such right, power, or remedy. b. The waiver by Cancelled Club of any breach or default by users shall not constitute a waiver of any subsequent breach or default.
16.2 Express Waivers: a. No express waiver of any provision, condition, or requirement of these terms and conditions shall be construed as a continuing waiver of such provision, condition, or requirement. b. Any waiver must be made in writing and expressly stated to be a waiver of a particular term or provision.
16.3 Reservation of Rights: The rights and remedies of Cancelled Club provided in these terms and conditions are cumulative and not exclusive of any other rights or remedies provided by law or equity.
16.4 Severability: If any provision of this "Waiver" section is found to be invalid, unenforceable, or contrary to law, it shall be modified or severed to the extent necessary, without affecting the validity or enforceability of the remaining provisions.
We permit use of our website and any purchased or free products for only personal, non-commercial use. No reproducing, storing, sharing, modifying, creating derivative works of, publicly displaying or performing, or using anything for any manner other than personal, non-commercial use. It is illegal to steel, copy, or reproduce any of our products, images, or other content without prior written permission from Cancelled Club.
If you accept these Terms of Use, we grant you a non-exclusive, limited, non-transferrable, freely revocable license to use the Website and its contents for your personal, non-commercial use. All rights not expressly granted herein are reserved by us.
- Contact Information:
- 11760 Glenbrook Ct. Carmel, IN 46032
- support@cancelled.club and clearly label the Subject line with TERMS AND CONDITIONS
SUBMISSION TERMS:
- Ownership and Intellectual Property:
1.1 Ownership of Submissions: a. By submitting any content, including but not limited to card games, illustrations, themes, and other materials (collectively referred to as "Submissions"), to Cancelled Club, the submitter acknowledges and agrees that all Submissions become the sole and exclusive property of Cancelled Club upon submission. b. The submitter expressly and irrevocably assigns and transfers to Cancelled Club all rights, titles, and interests, including any intellectual property rights, in and to the Submissions.
1.2 No Retained Ownership Rights: a. The submitter acknowledges and agrees that they retain no ownership rights or intellectual property rights in the Submissions. b. The submitter waives any and all moral rights or similar rights they may have in the Submissions.
1.3 Rights Granted to Cancelled Club: a. By submitting the content, the submitter grants Cancelled Club an exclusive, worldwide, royalty-free, fully paid-up, perpetual, irrevocable, and sublicensable right to use, modify, reproduce, distribute, display, perform, and create derivative works based on the Submissions. b. This includes the right to incorporate the Submissions into Cancelled Club's products, marketing materials, promotions, and any other form of content, whether in digital or physical format.
1.4 No Obligation to Provide Compensation or Credit: a. Cancelled Club is under no obligation to provide compensation or credit to the submitter or any third party for the use of the Submissions. b. Cancelled Club may use, modify, reproduce, distribute, and display the Submissions without any obligation to attribute or acknowledge the submitter.
1.5 Representations and Warranties: The submitter represents and warrants that they have the necessary rights, permissions, and authority to submit the content and grant the rights outlined in this section.
1.6 Protection of Cancelled Club's Intellectual Property: a. Cancelled Club retains all rights, titles, and interests in its own intellectual property, including but not limited to its trademarks, logos, website content, and proprietary materials. b. Users and third parties are prohibited from using Cancelled Club's intellectual property without prior written consent.
2. Non-Confidentiality:
2.1 Non-Confidential Submissions: a. The submitter acknowledges and agrees that any submissions made to Cancelled Club, including but not limited to card games, illustrations, themes, and other materials (collectively referred to as "Submissions"), are non-confidential. b. The submitter should not expect any confidentiality or privacy with respect to the submitted content.
2.2 No Expectation of Confidentiality: a. Cancelled Club does not assume any obligation to treat the Submissions as confidential or proprietary. b. The submitter is advised not to include any confidential or proprietary information in their Submissions.
2.3 No Liability for Disclosure: a. Cancelled Club shall not be liable for any disclosure, use, or exploitation of the Submissions that may occur as a result of Cancelled Club's review, evaluation, or selection processes. b. Cancelled Club shall not be restricted in its use or disclosure of information that is publicly known or becomes publicly known through lawful means, independent of the Submissions.
2.4 Protection of Cancelled Club's Rights: a. The submitter acknowledges that Cancelled Club may have received or may receive similar submissions from others or may independently develop ideas similar to the Submissions. b. The submitter understands and agrees that Cancelled Club has the right to use such similar submissions or independently developed ideas without any obligation to the submitter.
2.5 No Contractual Relationship: The submission of content does not create a confidential, fiduciary, or contractual relationship between the submitter and Cancelled Club, except as otherwise expressly agreed upon in writing.
3. No Obligation:
3.1 Discretionary Review: a. The submitter acknowledges and agrees that Cancelled Club has no obligation to review, accept, use, or provide feedback on any submissions made to Cancelled Club, including but not limited to card games, illustrations, themes, and other materials (collectively referred to as "Submissions"). b. Cancelled Club reserves the right to review, evaluate, and consider Submissions in its sole discretion.
3.2 Rejection or Disregard of Submissions: a. Cancelled Club may reject or disregard any Submissions, in whole or in part, at its sole discretion, without providing any explanation or liability. b. Cancelled Club shall not be obligated to inform the submitter of the reasons for such rejection or disregard.
3.3 No Implied Contract: The submission of content does not create an implied contract or obligation on the part of Cancelled Club to accept, use, or provide feedback on the Submissions, except as otherwise expressly agreed upon in writing.
3.4 No Liability for Non-Use: Cancelled Club shall not be liable to the submitter or any third party for any non-use, non-selection, or non-incorporation of the Submissions, including but not limited to any loss of potential revenue, recognition, or reputation.
3.5 No Duty of Confidentiality: The submitter acknowledges and agrees that Cancelled Club has no duty to maintain the confidentiality of any Submissions or to refrain from using similar ideas or materials, whether received from the submitter or others, without any obligation or liability to the submitter.
3.6 Reservation of Rights: Cancelled Club reserves the right to exercise its sole discretion in determining the acceptance, use, modification, reproduction, distribution, and display of any Submissions.
3.7 Cancelled Club is under no obligation to return any form of submitted material to its sender.
4. Prohibited Content:
4.1 Content Guidelines: a. The submitter acknowledges and agrees that submissions made to Cancelled Club, including but not limited to card games, illustrations, themes, and other materials (collectively referred to as "Submissions"), must not include any content that is illegal, infringing, defamatory, obscene, offensive, or violates the rights of any third party. b. Cancelled Club reserves the right to determine, in its sole discretion, whether a Submission violates these content guidelines.
4.2 Rejection or Removal of Submissions: a. Cancelled Club has the right to reject or remove, in whole or in part, any Submissions that violate the content guidelines outlined in this section, without providing any explanation or liability. b. Cancelled Club shall not be obligated to inform the submitter of the reasons for such rejection or removal.
4.3 Compliance with Laws and Rights: a. The submitter represents and warrants that their Submissions comply with all applicable laws, regulations, and intellectual property rights. b. The submitter agrees not to submit any content that infringes upon the intellectual property rights, privacy rights, or other rights of any third party.
4.4 Indemnification: The submitter agrees to indemnify and hold Cancelled Club harmless from any claims, damages, or liabilities arising out of or related to the submission of prohibited content, including but not limited to claims of infringement, defamation, or violation of third-party rights.
4.5 Right to Monitor and Remove Content: Cancelled Club reserves the right to monitor, review, and remove any content or Submissions that it deems, in its sole discretion, to be in violation of these content guidelines or otherwise objectionable.
5. Release and Indemnification:
5.1 Release of Claims: a. By submitting content to Cancelled Club, including but not limited to card games, illustrations, themes, and other materials (collectively referred to as "Submissions"), the submitter hereby releases Cancelled Club, its officers, directors, employees, and agents from any and all claims, demands, causes of action, liabilities, damages, or losses arising from the submission or use of the content. b. This release includes, but is not limited to, any claims for copyright infringement, trademark infringement, defamation, violation of privacy rights, or any other intellectual property or personal rights.
5.2 Indemnification: a. The submitter agrees to indemnify, defend, and hold harmless Cancelled Club, its officers, directors, employees, and agents from any losses, damages, expenses, claims, demands, liabilities, or costs (including reasonable attorneys' fees) incurred by Cancelled Club as a result of any claims or actions arising from the submission or use of the content. b. This indemnification obligation includes, but is not limited to, claims for copyright infringement, trademark infringement, defamation, violation of privacy rights, or any other intellectual property or personal rights.
5.3 Cooperation: The submitter agrees to cooperate fully with Cancelled Club in the defense of any claims or actions covered by this release and indemnification provision, including providing necessary information, documents, and assistance.
5.4 Limitation of Liability: The submitter acknowledges and agrees that Cancelled Club's liability for any claims, damages, or losses arising from the submission or use of the content is limited to the extent permitted by applicable law.
5.5 Severability: If any provision of this release and indemnification provision is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
6. Compliance with Laws:
6.1 Confirmation of Compliance: By submitting content to Cancelled Club, including but not limited to card games, illustrations, themes, and other materials (collectively referred to as "Submissions"), the submitter confirms and warrants that their Submissions comply with all applicable laws, regulations, and intellectual property rights.
6.2 Sole Responsibility: The submitter acknowledges and agrees that they are solely responsible for ensuring the legality, non-infringement, and compliance of their Submissions with all applicable laws, regulations, and intellectual property rights.
6.3 Indemnification: The submitter agrees to indemnify, defend, and hold harmless Cancelled Club, its officers, directors, employees, and agents from any losses, damages, expenses, claims, demands, liabilities, or costs (including reasonable attorneys' fees) incurred by Cancelled Club as a result of any claims or actions arising from the submitter's non-compliance with applicable laws, regulations, or intellectual property rights.
6.4 Cooperation: The submitter agrees to cooperate fully with Cancelled Club in the defense of any claims or actions covered by this compliance provision, including providing necessary information, documents, and assistance.
6.5 No Legal Advice: Cancelled Club does not provide legal advice regarding the submitter's obligations under applicable laws, regulations, or intellectual property rights. The submitter is advised to seek independent legal counsel regarding their Submissions and compliance obligations.
7. Modification or Discontinuation:
7.1 Right to Modify or Discontinue: Cancelled Club reserves the right to modify or discontinue the acceptance of submissions, including but not limited to card games, illustrations, themes, and other materials (collectively referred to as "Submissions"), at any time without prior notice.
7.2 No Obligation: Cancelled Club shall not be liable to the submitter or any third party for any modification or discontinuation of the acceptance of Submissions.
7.3 Effect on Submitters: In the event of modification or discontinuation of the acceptance of Submissions, Cancelled Club may, at its sole discretion, determine the treatment of any pending or future Submissions. Submitters shall have no claim or entitlement to any compensation, credit, or other consideration for Submissions affected by the modification or discontinuation.
7.4 Communication of Modifications or Discontinuations: Cancelled Club may, at its discretion, communicate any modifications or discontinuations of the acceptance of Submissions through its website, official announcements, or other suitable means.
8. Governing Law and Jurisdiction:
8.1 Governing Law: This agreement and any disputes arising from the submission or use of the content shall be governed by and construed in accordance with the laws of Indiana, without regard to its conflict of laws principles.
8.2 Jurisdiction: Any disputes, claims, or actions arising from the submission or use of the content shall be subject to the exclusive jurisdiction of the courts located in Indianapolis, IN. The submitter hereby consents to the personal jurisdiction of such courts and waives any objections or defenses based on venue or forum non-convenience.
8.3 Alternative Dispute Resolution: Prior to initiating any legal proceedings, the parties agree to make good faith efforts to resolve any disputes arising from the submission or use of the content through mediation or another mutually agreed-upon alternative dispute resolution process. If the parties are unable to reach a resolution through alternative dispute resolution, either party may seek relief in the appropriate court.
8.4 Severability: If any provision of this governing law and jurisdiction provision is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
9. Severability:
9.1 Invalid or Unenforceable Provisions: If any provision of these terms regarding submissions, including but not limited to the acceptance of card games, illustrations, themes, and other materials (collectively referred to as "Submissions"), is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from these terms without affecting the validity or enforceability of the remaining provisions.
9.2 Modification of Invalid or Unenforceable Provisions: In the event that any provision is deemed invalid, illegal, or unenforceable, the parties shall negotiate in good faith to modify such provision to the extent necessary to preserve its intended purpose while complying with applicable laws.
9.3 Enforceable Provisions: All remaining provisions of these terms regarding Submissions shall continue in full force and effect and shall be interpreted and enforced to the fullest extent permitted by law.
10. Contact Information:
10.1 Contact Details: For any questions, concerns, or inquiries regarding the submission process or these terms, submitters may contact Cancelled Club at the following email address: support@cancelled.club and put SUBMISSIONS in the Subject line. Cancelled Club will make reasonable efforts to respond to inquiries in a timely manner.
10.2 Communication Method: Submitters agree that communication with Cancelled Club shall primarily be conducted via email or any other designated method of communication specified by Cancelled Club. Cancelled Club may provide updates, notifications, or other relevant information to submitters using the contact information provided during the submission process.
10.3 Accuracy of Contact Information: Submitters are responsible for ensuring that their contact information provided to Cancelled Club is accurate, up-to-date, and capable of receiving communications. Cancelled Club shall not be responsible for any failure to deliver or delays in delivering communications to submitters resulting from inaccurate or outdated contact information.
11. Class/Private Attorney General Waivers:
11.1 Waiver of Class Action: By agreeing to these terms, submitters acknowledge and agree that any disputes arising from the submission or use of the content shall be resolved on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration.
11.2 Waiver of Private Attorney General Action: Submitters further waive any right to bring a private attorney general action or participate in any representative capacity on behalf of others in connection with any dispute arising from the submission or use of the content.
11.3 Severability: If any provision of this class/private attorney general waivers section is found to be invalid, illegal, or unenforceable, such provision shall be severed from these terms without affecting the validity or enforceability of the remaining provisions.