Terms of Service | Prism Games Chicago

Terms and Conditions of Use

Welcome to Prism Games Chicago (“Site”), a website owned and operated by Prism Games Chicago LLC, an Illinois Limited Liability Company (“Prism Games Chicago”). The Site also includes any other applications or social media platforms related to Prism Games Chicago’s business as may exist from time to time. The terms and conditions below, along with the policies and guidelines located throughout the Site (collectively, “T&C”) constitute a legally binding agreement between the user of the Site (“you” or “User”) and Prism Games Chicago. By visiting the Site, making an account, signing up for a newsletter, making a purchase via the Site, or interacting with the Site in any other manner (including without limitations, via social media associated with the Site) (all together “Services”), you agree that you have read, understood, and agree to be bound by these T&C.

If you do not agree to be bound by these T&C and to follow all applicable laws, you should leave the Site immediately.

Prism Games Chicago reserves the right to modify or amend its T&C without notice at any time. It is therefore important that you read this page regularly to ensure you are updated as to any changes.

Overall Terms of Use

1. Permitted Use of the Site. Prism Games Chicago grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use of the Site. The license does not include any rights to:

(a) modify, reproduce, copy, or resell the any information, products, materials, or other content on the Site or sold on the Site (“Content”) or any portion or derivative thereof;

(b) commercially use the Content or any portion derivative thereof;

(c) use any robot, spider, data miner, crawler, scraper or other automated means to access or index the Services or its systems, the Content or any portion or derivative thereof for any purpose;

(d) interfere or attempt to interfere with the proper working of the Services;

(e) bypass any measures used by Prism Games Chicago to prevent or restrict access to any portion of the Services, the Content or any portion or derivative thereof;

(f) use any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Prism Games Chicago; or

(g) compile, repackage, disseminate, or otherwise use data extracted from the Services or Content.

Any unauthorized use of the Services, the Content or any portion or derivative thereof will terminate any license or permission granted by Prism Games Chicago.

2. Content. User acknowledges that the Content is protected by copyrights, trademarks, trade secrets, or other proprietary rights, registered or not, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.

3. Trademarks. Prism Games Chicago, or third parties from whom Prism Games Chicago has permission, owns the trademarks or service marks that are used on the Services. All rights are reserved. These and other graphics, logos, service marks, trademarks, and trade dress of Prism Games Chicago and its licensors may not be used without prior written consent of Prism Games Chicago or its licensor, as the case may be. Without limiting the foregoing, no Prism Games Chicago trademark or trade dress may be used in connection with any product or service that is not Prism Games Chicago’, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Prism Games Chicago.

4. Copyrights. All Content is or may be copyrighted under the U.S. copyright laws. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other property right.

5. Third-Party Content. The Site may occasionally contain third-party Content, such as reviews supplied by third parties. Prism Games Chicago has no editorial control over such Content and is not obligated to review Content. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties are those of the third party. Prism Games Chicago does not make any representation, warranty, or guarantee on the accuracy, completeness, or usefulness of any third-party Content unless expressly stated. Under no circumstance will Prism Games Chicago be liable for any loss, damage, or harm caused by a User’s reliance on third-party Content.

6. Hyperlinks. This Site may contain hyperlinks to websites operated by parties other than Prism Games Chicago, which are provided for your reference only. Prism Games Chicago does not control such websites and is not responsible for their contents or the privacy or other practices of such websites. It is up to you to read and fully understand such website’s practices and policies. Prism Games Chicago’ inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

7. Age of Users. Children under the age of 16 may not create an account or provide personal information in any other manner. Purchases may only be made by individuals aged 18 or older. Other than the foregoing, there is no age restriction for visiting the Site, except where required by Law.

8. Law. User is responsible for complying with all applicable laws of its jurisdiction, including laws governing permitted website usage and import/export laws.

PURCHASES

9. Purchases. All Purchases are made subject to availability. Prism Games Chicago may cancel an order at any time if an item is out of stock or for any other reason, in which case the User’s sole remedy will be a full refund. Physical items are sold only throughout the United States. User will receive an email or text from Prism Games Chicago to confirm receipt of the purchase order and then when the purchase items are easy to ship or being picked-up by User. The Order Confirmation is acknowledgement that we have received your order and does not confirm acceptance of your offer to enter into an agreement.

10. Prices. The price for an item on the Site does not include shipping and handling, expedited service, or sales taxes, if applicable, which will be added to your total price. You are responsible for any shipping and handling charges and state and local sales or use taxes that may apply to your order. If the price of a Product is obviously incorrect or is charged incorrectly due to technical error, Prism Games Chicago reserves the right, in its sole discretion, to cancel your order and refund to you the amount that you paid, regardless of how the error occurred. The price for an item displayed on the product page is applicable solely to residents of the United States.

11. Accepted Payment Types. The accepted payment types and methods will be listed at checkout. Prism Games Chicago may elect to start issuing gift cards which may be used towards physical item purchases.

12. Sales Tax. Users residing in Illinois will pay the applicable sales tax on all physical item purchases. Prism Games Chicago reserves the right to assess sales tax on purchases in other states based on applicable law.

13. Refunds and Returns.

Cancelation. User can only cancel their order if it has not shipped, by sending an email to prismgameschicago@gmail.com. If Prism Games Chicago confirms that User qualifies for cancellation, it will refund the purchase price within ten (10) days.
Return Policy for Refundable Items. Opened purchased items may not be returned in any circumstances. User may only return a purchased item if it is damaged, broken, or does not correspond to the ordered item. In such a case, User can contact prismgameschicago@gmail.com to file a complaint, explain why the item was unsatisfactory, and submit photo evidence of the deficient items. User must contact Prism Games Chicago within ten (10) business days of receiving the item to be eligible for a refund. After the User has initiated the refund process by contacting Prism Games Chicago, and Prism Games Chicago authorizes the refund, the User must send the item, at the User’s own expense, unopened and in the same condition, to the return address on the original packaging, postmarked within seven (7) business days of the date of authorization by Prism Games Chicago. After verifying the item is in the same condition, Prism Games Chicago will issue the User a full refund of the purchase price, excluding all shipping costs. Prism Games Chicago will send the customer instructions on how to return an item for a refund in the response email to the customer’s complaint.
Items Returned from Undeliverable Address. All Users are responsible for ensuring that their shipment information is correct when placing an order. If Prism Games Chicago receives a returned order due to an incorrect or undeliverable address, the User must pay for reshipment of the item(s). If a User elects not to have the item(s) reshipped to them, they can request to be refunded for one half of [HB1] the initial purchase cost of the item(s). All shipping costs are nonrefundable.

14. Shipping and Tracking. Prism Games Chicago will ship physical orders throughout the United States, primarily via USPS standard or priority mail, and will provide tracking numbers for such purchases whenever feasible. However, Prism Games Chicago, at its own discretion, may opt for the services of alternative shipping companies. You are solely responsible for ensuring that your shipment information is correct when placing your order. All shipping costs are nonrefundable.

15. Shipping Risk. The risk of loss and title for all items purchased via the Site pass to the User upon delivery of the item to the carrier. As such, Prism Games Chicago will not be responsible for lost or stolen packages. In addition, Prism Games Chicago does not offer any insurance other than the insurance provided by the shipping company that is included in the standard shipping price. The User may request additional shipping insurance, which Prism Games Chicago may agree to purchase at User’s expense.

NEWSLETTERS

16. Signing Up. By signing up to any Prism Games Chicago newsletter through the Site, you agree to receive emails from Prism Games Chicago ranging from promotions, updates, story snippets, and other information and emails from Prism Games Chicago.

17. Opting Out. Users may opt out of Prism Games Chicago newsletters at any time by either clicking where appropriate in the footer of the newsletters or, if not possible, by emailing prismgameschicago@gmail.com with the subject heading “Opting Out”.

ACCOUNTS

18. Age. Users must be 16 years of age or older to create an account.

19. Security. Every User with an account on the Site is responsible for keeping their account password confidential and secured. Prism Games Chicago is not liable for, and will not provide any reimbursements for, unauthorized purchases or communications through User’s account. User accepts full responsibility for all activities that occur within such User’s Prism Games Chicago account, whether or not authorized by the User.

20. Contact Information. Every User with an account on the Site is responsible for keeping the contact information associated with that account current so that User receives messages from Prism Games Chicago about the User’s orders, inquiries, or other matters.

REVIEWS

21. User’s Responsibility. Prism Games Chicago makes no warranties, express or implied, as to the content of reviews or the accuracy and reliability of any reviews and assumes no responsibility for actively monitoring reviews for inappropriate content. You agree that you will not submit reviews that (a) are unlawful, threatening, obscene, or profane; (b) improperly assume or claim the identity, characteristics, or qualifications of another person; (c) are for purposes of spamming; (d) violate any third-party rights, (e) are for commercial purposes, contain advertising, or are intended to solicit donations or purchases. Any reviews that you post become the property of Prism Games Chicago and may be used, copied, sublicensed, adapted, edited, transmitted, distributed, published, displayed, or deleted as Prism Games Chicago sees fit.

REMEDIES AND INTERPRETATION

22. Termination Rights. Prism Games Chicago may issue a warning, temporarily suspend, indefinitely suspend or terminate any User’s right to use or access all or any part of the Site or Services including any account thereon, without notice, for any reason in Prism Games Chicago’ sole discretion, including, without limitation, violation of these T&C or Prism Games Chicago’ belief that the access would violate any applicable law or would be harmful to/cause liability of Prism Games Chicago or another User.

23. NO WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCTS THAT YOU PURCHASE FROM PRISM GAMES CHICAGO ARE PROVIDED TO YOU “AS IS,” AND YOUR USE IS AT YOUR OWN RISK. PRISM GAMES CHICAGO DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. UNLESS AGREED OTHERWISE OR REQUIRED BY APPLICABLE LAW, ANY WARRANTIES PROVIDED IN RELATION TO PRODUCTS SOLD ON THE SITE ONLY EXTEND TO YOU ON THE UNDERSTANDING THAT YOU ARE A USER AND NOT A RESELLER OF THOSE PRODUCTS.

24. NO LIABILITY FOR THIRD PARTIES. PRISM GAMES CHICAGO TAKES NO RESPONSIBILITY FOR THIRD-PARTY ADVERTISEMENTS OR THIRD-PARTY APPLICATIONS THAT ARE POSTED ON OR THROUGH OR MADE AVAILABLE ON THE SITE, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRISM GAMES CHICAGO DOES NOT TAKE ANY RESPONSIBILITY FOR ANY GOODS OR SERVICES PROVIDED BY THIRD-PARTY ADVERTISERS ON THE SITE.

25. WAIVER OF LIABILITY, TOTAL LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRISM GAMES CHICAGO WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS/REVENUE OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR LOSSES ARISING FROM, RELATING TO, OR CONNECTED WITH YOUR USE OF THE SITE REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE CLAIM IS BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PRISM GAMES CHICAGO’ AGGREGATE LIABILITY RELATED TO YOUR USE OF THE SITE OR PURCHASE FROM THE SITE EXCEED THE PRICE OF THE ITEMS (EXCLUDING SHIPPING) PURCHASED BY THE USER ON THE SITE.

26. Indemnification. You agree to defend, indemnify, and hold harmless Prism Games Chicago, its subsidiaries and affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to (a) your use of this Site and Services or (b) your violation of these T&C.

27. Notices. User consents notice by Prism Games Chicago posting on the Site. User acknowledges and agrees that any communication by postings on the Prism Games Chicago Services satisfies any legal requirement that such communications be made in writing.

28. Severability. The provisions of these T&C are intended to be severable. If for any reason any provision of these T&C shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. If the provision can become enforceable through modification, such as by removing a specific warranty waiver or increasing a liability cap, the provision will be so modified.

29. No Waiver. The failure of Prism Games Chicago to exercise or enforce any right or provision of these T&C will not operate as a waiver of such right or provision. Any waiver by Prism Games Chicago of a right or provision of these T&C will not operate as a waiver of such right or provision in the future, or a waiver of any other right or provision.

30. Applicable Law. This Site is operated by Prism Games Chicago, LLC, an Illinois Limited Liability Company. The laws of the State of Illinois will govern the T&C, without giving effect to any principles of conflicts of laws.

31. Dispute Resolution. Any dispute or claim arising from, relating to, or connected with these T&C, the Services, the Content including digital Content, and/or any Prism Games Chicago account (each a “Claim”) will be resolved by binding arbitration (rather than in court). All Claims submitted to arbitration under these T&C will be administered by the American Arbitration Association under its Commercial Arbitration Rules (including the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration will be Cook County, Illinois. Notwithstanding this section, Prism Games Chicago may bring a Claim for injunctive or other equitable relief in any court of competent jurisdiction as necessary to enforce Prism Games Chicago’ intellectual property rights. In the event that this arbitration selection is found not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that has arisen or may arise between you and Prism Games Chicago must be resolved exclusively by a state or federal court located in Cook County, Illinois, and you agree to submit to the personal jurisdiction of the courts located within Cook County, Illinois for the purpose of litigating all such claims or disputes.

32. Events Outside Reasonable Control. Prism Games Chicago will not be responsible for any failure to send you, or delay in sending you, any product that is caused by events outside Prism Games Chicago’ reasonable control (“Force Majeure Event”). A Force Majeure Event includes, without limitation, postal strikes, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not), fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, or any acts, decrees, legislation, regulations or restrictions of any government or regulatory body. If there is a Force Majeure Event, your order may be suspended whilst the Force Majeure Event continues and Prism Games Chicago will have an extension of time to deliver your Product until the Force Majeure Event ends, or you cancel your order.

33. Assignment. You may not assign or transfer your rights under these T&C, and any purported assignment or transfer shall be void.

34. Interpretation. Headings used in the T&C are for reference only and will not affect the meaning of any terms. As used in these T&C, “including” means “including, without limitation.”

35. Modification. These terms were last revised on May 1, 2023. This current version supersedes all previous T&C and agreements between Prism Games Chicago and User.