Terms of service

OVERVIEW
Welcome to Pontifex Games! The terms ‘we,’ ‘us,’ and ‘our’ refer to Pontifex Games. Pontifex Games operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the “Services”). Pontifex Games is powered by Shopify so that we can deliver the Services to you.

The following terms and conditions, including all referenced policies (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully. They contain important information about your legal rights and cover topics such as disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree with these Terms or the Privacy Policy, access to and use of our Services is not permitted.

ARTICLE 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you declare that you are of legal age according to the laws of the state or province where you reside, and that you have given permission for any minor family members to use the Services on devices you own, purchase, or manage.
To use the Services, including visiting or browsing our webshops or purchasing products or services we offer, we may ask you to provide certain information such as your email address and billing, payment, and shipping details. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide this information.
You are solely responsible for maintaining the security of your account login details and for all activities within your account. You may not transfer, sell, assign, or license your account to anyone else.

ARTICLE 2 - OUR PRODUCTS
We strive to provide as accurate a description of our products and services in our webshops as possible. However, note that colors and the appearance of the product may differ from how they appear on your screen. This is related to the type of device you use to access the store and its settings and configuration.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or match the depiction or description in our webshop.
All product descriptions may be changed at any time without prior notice at our sole discretion. We reserve the right to discontinue the sale of a product at any time and may limit the quantities of products we offer per person, geographic region, or jurisdiction on a case-by-case basis.

ARTICLE 3 - ORDERS
When you place an order, you make an offer to purchase. Pontifex Games reserves the right to accept or refuse your order at its sole discretion for any reason. Your order is only accepted after Pontifex Games confirms it. We must have received and processed your payment before your order is accepted. Please check your order carefully before submitting it. Pontifex Games may not honor a cancellation request after your order has been accepted. If we do not accept, modify, or cancel an order, we will try to notify you via the email address, billing address, and/or phone number provided during the ordering process.
You represent and warrant that your purchases are for personal use or use within your household and not for commercial resale or export.

ARTICLE 4 - PRICES AND BILLING
Prices, discounts, and promotions may change without prior notice. The price charged for a product or service is the price at the time you place your order. This price is stated in the confirmation email you receive after your order. Unless explicitly stated otherwise, prices exclude taxes, shipping, handling, customs duties, and import fees.
Prices displayed in our webshops may differ from prices in physical stores or other webshops or stores operated by third parties. We may offer promotions from time to time that affect pricing and are subject to separate terms that differ from these Terms. In case of any conflict between the promotion terms and these Terms, the promotion terms take precedence.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases you make in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and credit card expiration dates, so that we can process your transactions and contact you if needed.
You represent and warrant that (i) the credit card information you provide is accurate, correct, and complete; (ii) you are authorized to use the credit card for purchases; (iii) the credit card company approves your charges; and (iv) you will pay all charges you incur according to the displayed prices, including shipping, handling, and applicable taxes if any.

ARTICLE 5 - SHIPPING AND DELIVERY
We are not liable for delays in shipping and delivery. All stated delivery times are estimates only and not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events beyond our control. Once we have handed the products over to the carrier, ownership and risk of loss pass to you.

ARTICLE 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, logos, text, displays, images, graphics, product reviews, video and audio, and their design, selection, and arrangement, are owned by Pontifex Games, its affiliates, or licensors, and are protected by patent, copyright, and intellectual property laws in the U.S. and other countries.
These Terms allow you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, perform, republish, download, store, or transmit any material within the Services without our prior written permission. Except as expressly stated, nothing in these Terms grants you any patent, trademark, copyright, or other intellectual property rights from Pontifex Games, Shopify, or any third party. Unauthorized use may violate federal and national intellectual property laws. All rights not expressly granted are reserved by Pontifex Games.
The names, logos, product names, service names, design elements, and slogans of Pontifex Games are trademarks of Pontifex Games or its affiliates or licensors. You may not use such trademarks without prior written consent. Shopify’s name, logo, product names, service names, design elements, and slogans are trademarks of Shopify. All other names, logos, product names, service names, design elements, and slogans on the Services are trademarks of their respective owners.

ARTICLE 7 - OPTIONAL TOOLS
You may have access to third-party customer tools as part of the Services. We do not monitor or control these tools.
You acknowledge and agree that we provide access to these tools “as is” and “as available” without warranties or endorsements. We are not responsible for damages related to your use of third-party optional tools.
You use these tools at your own risk and discretion and must ensure you understand and agree to the terms under which these tools are provided by the third parties.
We may also offer new features via the Services in the future, including new tools and resources, which will be subject to these Terms.

ARTICLE 8 - LINKS TO THIRD PARTIES
The Services may contain materials and hyperlinks to websites offered or managed by third parties (including embedded third-party functionalities). We do not review or evaluate the content or accuracy of third-party materials or websites you may access. If you leave the Services to access such third-party materials or sites, you do so at your own risk.
We are not liable for any damages or adverse effects related to your visit to third-party websites or your purchase or use of products, services, resources, or content on third-party websites. Please read the third party’s policies carefully and ensure you understand them before transacting. For complaints, claims, concerns, or questions about third-party products and services, contact the third party directly.

ARTICLE 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANTS: This article accurately describes Shopify’s relationship with your store and must not be removed or altered.]
Pontifex Games uses Shopify to provide the Services. However, all sales and purchases made in our store are handled directly between you and Pontifex Games. By using the Services, you acknowledge and agree that Shopify is not responsible for any sales-related aspects between you and Pontifex Games, including injury, damage, or loss resulting from purchased products or services. You hereby release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Pontifex Games.

ARTICLE 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which you can view here [LINK]. Some personal information may also be subject to Shopify’s Privacy Policy, available here. By using the Services, you confirm you have read the applicable Privacy Policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve them. Information you submit through the Services is transmitted to and shared with Shopify and third parties, which may be located outside your country, so they can provide services. Please read our Privacy Policy [LINK] for more about how we, Shopify, and our partners use your personal data.

ARTICLE 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (“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 commercial use. We may use this license to operate, deliver, evaluate, improve, promote, comply with obligations, and exercise rights under these Terms.
You also represent and warrant that (i) you own all rights or have necessary rights to the Feedback; (ii) you disclosed any compensation or incentives received related to the Feedback; and (iii) your Feedback complies with these Terms. We are not obligated to keep your Feedback confidential, pay you for it, or respond to it.
We may monitor, edit, or remove Feedback that we determine to be unlawful, offensive, threatening, defamatory, obscene, or otherwise unacceptable or in violation of intellectual property rights or these Terms, but we are not required to do so.
You agree that your Feedback does not infringe third-party rights including copyrights, trademarks, privacy, personality, or other rights. Your Feedback does not contain defamatory, unlawful, offensive, obscene content, viruses, or malware affecting the Services or websites. You may not use false emails, impersonate others, or mislead us or third parties about the origin of your Feedback. You are solely responsible for the Feedback you submit and its accuracy. We are not liable for any Feedback posted by you or third parties.

ARTICLE 12 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, the Services may contain information with typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping costs, transit times, and availability. We reserve the right to correct any such errors, inaccuracies, or omissions and to modify or update information. We may cancel orders if relevant information is incorrect, at any time and without prior notice (even after you have placed an order).

ARTICLE 13 - PROHIBITED USE
You may only use the Services for lawful purposes. You may not, directly or indirectly, open or use the Services (a) for illegal or harmful activities; (b) to violate international, national, federal, or provincial laws, regulations, rules, or local ordinances; (c) to infringe on our intellectual property rights or those of others; (d) to harass, insult, offend, harm, defame, belittle, or intimidate our employees or other people; (e) to send false or misleading information; (f) to knowingly send, receive, upload, download, use, or reuse material that does not comply with these Terms; (g) to send or facilitate sending advertising or promotional materials, including junk mail, chain letters, spam, and similar methods; (h) to impersonate or try to impersonate another person or entity; or (i) to perform any other activities that limit or prevent others from using the Services or that, in our opinion, may be harmful to Pontifex Games, Shopify, or users of the Services, or expose them to liability.
Additionally, you agree not to: (a) upload or send viruses or other harmful code that affects or could affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any part of the Services; (c) collect or track personal information of others; (d) use spam, phishing, pharming, pretexting, spiders, crawling, or scraping; and (e) disrupt or bypass the security features of the Services, related websites, other websites, or the internet. We reserve the right to suspend, disable, or terminate your account at any time without prior notice if we find you have violated these Terms.

ARTICLE 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part of it) at any time and at our discretion without prior notice. You remain responsible for all amounts due until the date of termination.
The following articles remain valid after 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 continue after termination.

ARTICLE 15 - DISCLAIMER OF WARRANTIES
The information provided about or through the Services is only for general information purposes. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on this information is at your own risk. We disclaim all liability arising from the trust you, other visitors of the Services, and others place in such information.
UNLESS EXPRESSLY STATED BY Pontifex Games, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, OWNERSHIP, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. IN SOME JURISDICTIONS, DISCLAIMERS OF IMPLIED OR OTHER WARRANTIES MAY BE LIMITED OR NOT ALLOWED. THEREFORE, THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

ARTICLE 16 - LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, Pontifex Games, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, REPRESENTATIVES, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIMS, OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND. THIS INCLUDES, BUT IS NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, OR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR A PRODUCT. THIS INCLUDES ERRORS OR OMISSIONS IN CONTENT OR LOSS OR DAMAGE OF ANY KIND RESULTING FROM USE OF THE SERVICES OR CONTENT THAT IS POSTED, SENT, OR MADE AVAILABLE THROUGH THE SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ARTICLE 17 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Pontifex Games, Shopify, and our affiliates, partners, officers, directors, employees, representatives, contractors, licensors, and service providers from any costs related to losses, damages, liabilities, or claims, including reasonable legal fees, paid to a third party arising from (1) your breach of these Terms or any related documents; (2) your violation of any law or third-party rights; or (3) your access to and use of the Services.
We will notify you of any claim that requires indemnification, but failure to notify will not release you from your obligations unless it causes you significant harm. We may manage the defense and settlement of such claims at your cost, including hiring an attorney, but we will not settle claims requiring non-monetary obligations from you without your consent (which you shall not unreasonably withhold). You must cooperate in the defense of indemnifiable claims, including providing relevant documents.

ARTICLE 18 - SEVERABILITY
If any provision in these Terms is declared unlawful, void, or unenforceable, the provision will still be enforceable to the extent allowed by law. The unenforceable part is considered severed from these Terms. This does not affect the validity or enforceability of the other provisions.

ARTICLE 19 - WAIVER; ENTIRE AGREEMENT
Our failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
These Terms, along with any policies or rules posted on this site or related to the Services, form the entire agreement between you and us and govern your use of the Services. These Terms replace all previous or simultaneous agreements, communications, and proposals, oral or written, between you and us (including previous versions of the Terms).
Any ambiguities in interpreting these Terms will not be construed against the drafter.

ARTICLE 20 - ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms without our prior written consent. Any attempt to do so is void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.

ARTICLE 21 - GOVERNING LAW
These Terms and any separate agreements under which we provide you Services are governed by and interpreted according to the federal and state or provincial courts in the jurisdiction where Pontifex Games has its headquarters. You and Pontifex Games agree to the jurisdiction and venue of these courts.

ARTICLE 22 - HEADINGS
Headings used in this agreement are for convenience only and do not limit or affect these Terms in any way.

ARTICLE 23 - CHANGES TO TERMS
You can view the latest version of the Terms on this page at any time.
We reserve the right to update, modify, or replace any part of these Terms at our discretion. Updates and changes will be posted on our website. It is your responsibility to check the website regularly for changes. We will notify you of significant changes according to applicable law. Such changes take effect on the date specified in the notice. If you continue to access or use the Services after changes are made, it means you accept those changes.

ARTICLE 24 - CONTACT INFORMATION
Questions about the Terms should be sent to us at robby@pontifexgames.com.
Our contact details:
Pontifex Games
robby@pontifexgames.com
Schietboomweg 16, 2880 Hingene, Belgium
VAT BE0890834538