terms and conditions

 

OVERVIEW

Welcome to bascogames.com! The terms "site", "we", "us" and "our" refer to bascogames.com. We operate this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Bascogames.com is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, together with any policies referenced herein (these "Terms and Conditions" or "Terms") describe your rights and responsibilities when you use the Services. We do business with our customers under the terms and conditions set forth herein. We hereby reject any terms and conditions contained in any customer purchase orders or other business forms which are different from or in addition to the terms stated herein.

Please read these Terms and Conditions carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

BY USING THE SITE, YOU AGREE TO THESE TERMS AND CONDITIONS; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms and Conditions, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

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Section 1 – Content

Except as expressly provided in these Terms and Conditions, no part of the Site and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.

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Section 2 – Access and Account

  1. By agreeing to these Terms and Conditions, you represent that you are at least 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 the Services on devices you own, purchase or manage.
  2. To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and guarantee that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
  3. You are solely responsible for maintaining the security of your account credentials and for all your account activity. You may not transfer, sell, assign, or license your account to any other person.
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Section 3 – Our Products

  1. We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
  2. We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
  3. All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
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Section 4 – Orders

  1. When you place an order, you are making an offer to purchase. We reserve the right to accept or decline your order for any reason at our sole discretion. Your order is not accepted until we confirm acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made.
  2. Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
  3. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
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Section 5 – Prices and Billing

  1. Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email.
  2. Unless otherwise expressly stated, posted prices do not include taxes, shipping and handling. Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
  3. You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
  4. You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
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Section 6 – Shipping and Delivery

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

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Section 7 – Intellectual Property

  1. Logos, registered trademarks and products used on this website are properties of their respective owners. They are used on the site for reference only and do not imply any connection or relationship between BASCO GAMES and these companies.
  2. Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by BASCO GAMES, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
  3. These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of BASCO GAMES, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by us.
  4. Our names, logos, product and service names, designs, and slogans are trademarks of BASCO GAMES or its affiliates or licensors. You must not use such trademarks without our prior written permission. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
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Section 8 – Optional Tools

  1. You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
  2. 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.
  3. 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).
  4. We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms and Conditions.
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Section 9 – Third-Party Links

  1. The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
  2. Third party sites are not under our control, and we are not responsible for and do not endorse the content of such sites, including any information or materials contained on such sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
  3. We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites.
  4. 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 and services should be directed to the third-party.
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Section 10 – Relationship with Shopify

The Site is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with us. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and the Site, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with the Site.

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Section 11 – Privacy Policy

  1. Our Privacy Policy applies to use of this Site, and its terms are made a part of these Terms and Conditions by this reference. All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
  2. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.
  3. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
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Section 12 – Feedback

  • If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms and Conditions.
  • You also represent and warrant that:
    1. you own or have all necessary rights to all Feedback
    2. you have disclosed any compensation or incentives received in connection with your submission of Feedback and
    3. your Feedback will comply with these Terms.
  • We are and shall be under no obligation:
    1. to maintain your Feedback in confidence
    2. to pay compensation for your Feedback
    3. to respond to your Feedback
  • We may, but have no obligation to, monitor, edit or remove Feedback 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 and Conditions.
  • You agree that your Feedback 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 Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback.
  • You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
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Section 13 – Errors, Inaccuracies and Omissions

Occasionally there may be information on or in the Services that contain 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 is inaccurate at any time without prior notice (including after you have submitted your order).

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Section 14 – Prohibited Uses

  • You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly:
    1. for any unlawful or malicious purpose
    2. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances
    3. to infringe upon or violate our intellectual property rights or the intellectual property rights of others
    4. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person
    5. to transmit false or misleading information
    6. to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms
    7. to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation
    8. to impersonate or attempt to impersonate any other person or entity; or
    9. to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm BASCO GAMES, Shopify or users of the Services, or expose them to liability.
  • In addition, you agree not to:
    1. 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 Services
    2. reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services
    3. collect or track the personal information of others
    4. spam, phish, pharm, or pretext the services
    5. use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services; or
    6. interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services
  • You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. BASCO GAMES reserves the right to bar any such activity.
  • You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any BASCO GAMES server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
  • You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of bascogames.com, including any bascogames.com account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
  • You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or BASCO GAMES' systems or networks, or any systems or networks connected to the Site or to BASCO GAMES.
  • You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.
  • You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to BASCO GAMES on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
  • You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of BASCO GAMES or others.
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Section 15 – Agents

  1. This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using person's device, without direct supervision.
  2. No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 15.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
  3. We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
  4. Agents must:
    1. in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"
    2. not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by:
      1. mimicking human behavior and interaction patterns, or
      2. completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans
  5. respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer
  6. not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
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Section 16 – Fraudulent Activity and Misrepresentation

  1. Definition of Fraudulent Conduct

    1. For the purposes of these Terms and Conditions, "Fraudulent Conduct" or "Fraudulent Activity" means any dishonest act, deception, or misrepresentation intended to obtain a benefit, or cause a loss, by deception or other dishonest means. This includes, but is not limited to:
      1. Payment Fraud: Unauthorized use of credit cards, debit cards, or bank accounts; chargeback fraud; or "friendly fraud" (filing false claims of non-receipt or unauthorized transactions).
      2. Identity Misrepresentation: Using fake identities, false emails, fictitious names, or stolen credentials to create accounts or place orders.
      3. Abuse of Policies: Misusing return, refund, or warranty policies, such as claiming items were damaged or missing when they were not.
      4. Bot Activity: Using automated systems, scripts, or bots to secure inventory or manipulate website functionality.
  2. Right to Refuse or Cancel Transactions

    1. We reserve the right to review, flag, and, at our sole discretion, suspend, block, or cancel any transaction, order, or user account suspected of involving Fraudulent Conduct, without prior notice.
  3. Investigation and Reporting

    1. We reserve the right to conduct an investigation into any suspected Fraudulent Activity. We may, at our sole discretion, report suspected fraudulent activity to law enforcement, financial institutions, or other regulatory authorities and share user information relevant to the investigation, including IP addresses, personal data, and order details.
  4. Consequences of Fraud

    1. If we determine, at our sole discretion, that a buyer has engaged in Fraudulent Conduct, we reserve the right to:
      1. Immediately terminate the user's account and prohibit future use of our services.
      2. Cancel any pending orders or shipments.
      3. Seek legal remedies, including but not limited to, civil lawsuits, criminal charges, and recovery of any financial losses, including reasonable attorney fees.
      4. Charge a "Fraud Processing Fee" to cover the costs of investigation and chargeback disputes.
  5. Indemnification

    1. You agree to indemnify, defend, and hold harmless Basco Games, its officers, directors, employees, and agents from and against all losses, damages, liabilities, and expenses (including reasonable attorney fees) arising from your Fraudulent Conduct.
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Section 17 – Violation of These Terms and Conditions / Termination

  1. We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of the Site, including our customers.
  2. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request.
  3. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
  4. You acknowledge and agree that we may preserve any transmittal or communication by you with BASCO GAMES through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or BASCO GAMES determines that such preservation or disclosure is reasonably necessary to:
    1. comply with legal process
    2. enforce these Terms and Conditions
    3. respond to claims that any such data violates the rights of others
    4. protect the rights, property or personal safety of BASCO GAMES, its employees, users of or visitors to the Site, and the public
  5. You agree that we may, in our sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms and Conditions or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms and Conditions will constitute an unlawful and unfair business practice, and will cause irreparable harm to BASCO GAMES, for which monetary damages would be inadequate, and you consent to BASCO GAMES obtaining any injunctive or equitable relief that BASCO GAMES deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies BASCO GAMES may have at law or in equity.
  6. You agree that BASCO GAMES may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to):
    1. requests by law enforcement or other government agencies
    2. a request by you (self-initiated account deletions)
    3. discontinuance or material modification of the Site or any service offered on or through the Site
    4. unexpected technical issues or problems
  7. If BASCO GAMES does take any legal action against you as a result of your violation of these Terms and Conditions, BASCO GAMES will be entitled to recover from you, and you agree to pay, all reasonable attorney fees and costs of such action, in addition to any other relief granted to BASCO GAMES. You agree that BASCO GAMES will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms and Conditions.
  8. The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
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Section 18 – Disclaimer of Warranties

BASCO GAMES DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. BASCO GAMES CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. BASCO GAMES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BASCO GAMES DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY BASCO GAMES SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST BASCO GAMES FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

BASCO GAMES reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

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Section 19 – Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL BASCO GAMES, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, 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 SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES 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 SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

If, notwithstanding the other provisions of these Terms and Conditions, BASCO GAMES is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, BASCO GAMES' liability shall in no event exceed the greater of (1) the total purchase price of any purchases made on the Site in the one month prior to the date of the initial claim made against BASCO GAMES or (2) US$100.00.

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Section 20 – Indemnification

  1. You agree to indemnify, defend and hold harmless BASCO GAMES, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of:
    1. your breach of these Terms and Conditions or the documents they incorporate by reference
    2. your violation of any law or the rights of a third party
    3. your access to and use of the Services
  2. We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
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Section 21 – Severability

  1. If any of the provisions of these Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unlawful, void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms and Conditions, so that these Terms and Conditions shall remain in full force and effect.
  2. These Terms and Conditions constitute the entire agreement between you and BASCO GAMES with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and BASCO GAMES with respect to such use are hereby superseded and cancelled.
  3. Other than as provided in a purchase agreement you enter into with BASCO GAMES, BASCO GAMES will not accept any counteroffers to these Terms and Conditions, and all such offers are hereby categorically rejected.
  4. BASCO GAMES' failure to insist on or enforce strict performance of these Terms and Conditions shall not be construed as a waiver by BASCO GAMES of any provision or any right it has to enforce these Terms and Conditions, nor shall any course of conduct between BASCO GAMES and you or any other party be deemed to modify any provision of these Terms and Conditions.
  5. These Terms and Conditions shall not be interpreted or construed to confer any rights or remedies on any third parties.
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Section 22 – Waiver; Entire Agreement

  1. The failure of BASCO GAMES to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
  2. These Terms and Conditions, 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 and Conditions).
  3. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
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Section 23 – Assignment

You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

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Section 24 – Governing Law – Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of New York without regard to its conflicts of laws and provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Queens County, New York, and waive any objection to such jurisdiction or venue. In the event of any controversy or dispute between Basco and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

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Section 25 – Void Where Prohibited

BASCO GAMES administers and operates the www.bascogames.com site from its location in Forest Hills, New York, USA. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. BASCO GAMES reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

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Section 26 – Headings

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

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Section 27 – Changes to Terms and Conditions

  1. You can review the most current version of the Terms and Conditions at any time on this page.
  2. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms and Conditions 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 the Services following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
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Section 28 – Contact Information

Questions about the Terms and Conditions should be sent to us at:

BASCO GAMES
11821 Queens Boulevard Suite 413,
Forest Hills, NY 11375