Welcome to the GameOnGear web site, owned and operated by GameOnGear Enterprises, LLC and its affiliates (“GameOnGear and GameOnGear Home Spa”). These Terms and Conditions of Use (“Terms and Conditions”) are the terms and conditions that control this web site (the “Site”) and are the terms and conditions upon which you may access the information available herein.
GameOnGear reserves the right to change these Terms and Conditions from time to time. Any changes to the Terms and Conditions will be in writing and posted on the Site. The date of the latest changes will be indicated at the top of the document. You are advised to check the Terms and Conditions periodically for updates. Continued use of this Site following the posting of changes will mean that you agree to be bound by these changes.
IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU ARE NOT GRANTED PERMISSION BY LURE TO ACCESS OR OTHERWISE USE THIS SITE.
A user of this Site shall use information acquired through the Site solely for user’s own informational purposes. Unless expressly provided in these Terms and Conditions, GameOnGear does not grant any express or implied right(s) to you under any patent(s), copyright(s), trademark(s), or trade secret information through the Site. Accordingly, unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, trade secret laws, the laws of privacy and publicity, and other regulations and statutes. All content (“Content”) included on this site, such as text, pdf files, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, is the property of GameOnGear and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of GameOnGear and protected by U.S. and international copyright laws. All software used on this site is the property of GameOnGear or its software suppliers and protected by United States and international copyright laws. Content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, is Copyrighted by GameOnGear, LLC 2014. All rights reserved. Limited permission to reproduce Content is granted, provided that (1) the above copyright notice appears on all copies; (2) use of the Content is for informational use only; (3) the Content is not modified in any way; and (4) no graphics available from this Internet site are used separate from accompanying text.
GameOnGear, Glam, Zen, Advantage, Power Over Pain, Game On and other marks indicated on the Site are registered trademarks of GameOnGear in the United States and other countries. GameOnGears graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of GameOnGear. GameOnGear’s trademarks and trade dress may not be used in connection with any product or service that is not related to GameOnGear in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GameOnGear. All other trademarks not owned by GameOnGear that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GameOnGear.
Please see the Privacy Statement for this Site for a summary of LURE’s personal data collection and use practices for the Site.
NON-CONFIDENTIAL, NON-PROPRIETARY COMMUNICATIONS.
ANY COMMUNICATION OF MATERIAL YOU TRANSMIT TO THE SITE BY ELECTRONIC MAIL OR OTHERWISE, INCLUDING ANY DATA, QUESTIONS, COMMENTS, SUGGESTIONS OR THE LIKE IS, AND WILL BE TREATED AS, NON-CONFIDENTIAL AND NON-PROPRIETARY. Anything you transmit or post may be used by LURE for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, LURE is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information without incurring any obligation whatsoever to you, and by sending such communication, you waive all your rights thereto. The user of the Site is responsible in full for the content and accuracy of all information that he or she sends to LURE and for ensuring that the rights of third parties are not prejudiced.
Information Collection and Use
Our primary goals in collecting information are to provide and improve our Site, services, features and content, to administer your use of the Site (together, the “Service”) and to enable users to enjoy and easily navigate the Site.
Personal Identifiable Information
— When you sign up for the mailing list via the Site or when you make a purchase via the Site, we will ask you for personally identifiable information. This refers to information about you that can be used to contact or identify you (“Personal Information”). Personal Information includes, but is not limited to, your name, phone number, credit card or other billing information, email address and postal address. We use your Personal Information mainly to complete your transactions and administer your inquiries.
— Personal Information can be considered Non-Identifying Information ("Non-Identifying Information") when they are taken alone or combined only with other non-identifying information (for example, your zipcode). We collect and may use your Non-Identifying Information to improve the quality and value of the Service and to analyze and understand how our Site and Service are used.
— We also use your Personal Information to contact you with GameOnGear newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications. (See “Changing or Deleting Information,” below.)
When you visit the Site, our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as browser type or the webpage you were visiting before you came to our Site, pages of our Site that you visit, the time spent on those pages, information you search for on our Site, access times and dates, and other statistics. We use this information to monitor and analyze use of the Site and the Service and for the Site’s technical administration, to increase our Site’s functionality and user-friendliness, and to better tailor it to our visitors’ needs. We also use this information to verify that visitors to the Site meet the criteria required to process their requests. We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.
Like many websites, we use “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. We utilize session ID cookies to enable certain features of the Site, to better understand how you interact with the Site and to monitor aggregate usage by GameOnGear Users and web traffic routing on the Site. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Site and Service and then close your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site or all functionality of the Service.
Identity theft and the practice currently known as “phishing” are of great concern to GameOnGear. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, login information, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission’s website.
Information Sharing and Disclosure
Aggregate Information and Non-Identifying Information. We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.
Service Providers; Third Party Vendors. We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf and to perform services (e.g., without limitation, maintenance services, fulfillment, payment processing, database management, web analytics and improvement of the Service’s features) or to assist us in analyzing how our Service is used. These third parties have access to your Personal Information and Non-Identifying Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Social Networking Sites. We may share information from your purchase (including your Personal Information) with the social networking services (“SNS”) that you have chosen to link with your purchase. These third parties have access to your Personal Information only for this purpose (unless the SNS has received your Personal Information independently of the Service) and are obligated not to disclose or use it for any other purpose.
Compliance with Laws and Law Enforcement. GameOnGear cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of GameOnGear or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.
Business Transfers. GameOnGear may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
Changing or Deleting Your Information
If you would like us to delete your record in our system, please contact us firstname.lastname@example.org with a request that we delete your Personal Information from our database. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes.
EU Citizens and GDPR
GameOnGear Enterprises (GameOnGear, GameOnGear), is the data controller for this Shopify site. We take our site visitors' and customers' privacy and data rights seriously, because it's serious business! As data controller, GameOnGear is honor-bound (and legally obligated) to help data subjects (i.e., site visitors and customers) exercise their rights. In accordance with the GDPR and our own good will toward our community, any site customer or visitor can request their data be deleted or handed over to them. In order to start this process, please email the data controller email@example.com.
As data processor, Shopify follows our instructions on how to handle that data. Shopify's data processor can be reached firstname.lastname@example.org . To prepare for GDPR compliance, Shopify has built into the platform options to send customer data to the customer and delete customer data entirely. We, the data controller, will use these features to help customers exercise their rights.
GameOnGear is very concerned with safeguarding your information. We employ reasonable physical, technological, and administrative security measures and attempt to ensure they are applicable under the circumstances. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on the Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
Links to Other Sites
Our Site contains links to other websites. If you choose to click on a third party link, you will be directed to that third party’s website. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
GameOnGear respects the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Site any materials that violate another party’s intellectual property rights. When GameOnGear receives a reasonably detailed, written notification of an alleged copyright infringement, in conformity with requirements applicable to “Take-Down Notices” under the Digital Millennium Copyright Act (“DMCA”) with respect to Site content (including content posted by users), GameOnGear will promptly investigate such allegation and/or remove or disable access to the allegedly infringing material. GameOnGear will also terminate the accounts of or block repeat infringes as described below. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to GameOnGear’s Designated Agent.
In accordance with the DMCA and other applicable law, GameOnGear has adopted a policy of terminating or blocking, in appropriate circumstances and at GameOnGear’s sole discretion, users who are deemed to be repeat infringes. GameOnGear may also at its sole discretion limit access to the Site, suspend and/or terminate the account of or block any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Links to Other Sites
This Site may provide hyperlinks to other sites on the Internet operated by third parties. Such other sites so linked have not been reviewed by GameOnGear and are maintained by third parties over which GameOnGear exercises no control. GameOnGear expressly disclaims any responsibility for the content or accuracy of information contained on such linked sites or quality of any product or service provided by or advertised by any linked site. GameOnGear neither endorses nor makes any representation regarding any linked third party sites.
GameOnGear will use reasonable efforts to keep the Site available for your use; however, GameOnGear cannot and will not be responsible for any loss or unavailability of the Site that results from a cause over which it does not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, or governmental restrictions.
ALL SUCH INFORMATION PRESENTED ON OR THROUGH THIS SITE IS PROVIDED ‘AS IS’ WITHOUT WARRANTY OR GUARANTEE OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN NO EVENT SHALL LURE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, EVEN IF LURE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. GameOnGear will endeavor to provide accurate and up-to-date information on the Site; however, because of time lags in synchronizing the information on the Site with data in other GameOnGear information systems as well as any number of other factors, the information and services available on this Site may include inaccuracies or typographical errors. GameOnGear reserves the right to amend or supplement the Site at any time and without prior notice. GameOnGear will not be liable for problems arising out of the interaction between this Site and the local hardware and/or software you use to access the Site.
You agree with GameOnGear that these Terms and Conditions shall be considered a contract governed by New Jersey law. Any disputes regarding these Terms and Conditions shall be heard by the state and federal courts located in Monmouth County, New Jersey, USA, and each party consents to the exclusive jurisdiction of such courts. The content found on this Site is controlled and published on this Site by GameOnGear from its offices in Marlboro, New Jersey, U.S.A. GameOnGear makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Site are illegal is prohibited. Those who choose to access this Site from other locations do so on their own volition and are responsible for compliance with applicable local laws.
Failure to insist on strict performance of any of the Terms and Conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance.
If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.