Terms and Conditions
Attention credit card purchasers: Effective June 1, 2008, the primary cardholder is fully held responsible for all purchases made using his/her credit card or PayPal account. Any purchase made using your credit card or PayPal Account will be assumed to be approved and authorized by you. Please keep your credit card or PayPal Account safe and monitor the use of your credit card or PayPal Account carefully. You are responsible for all additional users of your credit card or PayPal Account including but not limited to your children. Continued use of our websites, including playing our games, constitutes your agreement to this condition. To purchase products at HeroMart.com with a credit card, you must be at least 18 years old. When you purchase account upgrades or other products on behalf of a child under the age of 18, you certify that you are at least 18 years old and that you are the legal Guardian of the child.
Your use of the Heromart site does not create any interest in the intellectual property of Artix Entertainment LLC. You agree that you will not use HeroMart.com for any purpose other than personal use, and have no authority to use the content of the site, including Artix Entertainment's trademarks and copyrighted materials, for any purpose other than those expressly provided on HeroMart.com.
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any content on HeroMart.com infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Intellectual Property Coordinator with the following information, in writing (see 17 U.S.C. 512(c)(3) for further detail):
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send any and all notices to our DMCA Agent
Modifications to Policy
Artix Entertainment LLC reserves the right to change these terms and conditions at any time without notice to you. Please review these policies regularly to ensure that you agree to the latest version of the terms and conditions of use.
You agree that your use of HeroMart.com shall be at your sole risk. To the fullest extent permitted by law, Artix Entertainment, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. Artix Entertainment makes no warranties or representations about the accuracy or completeness of this site's content or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (vi) for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via HeroMart.com.
Limitation of Liability
COMPANY'S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES, WETHER IN CONTRACT, TORT OR OTHER OTHERWISE, WILL BE EQUAL TO THE AGGREGATE PRICE YOU PAY FOR OUR SERVICES OVER THE COURSE OF YOUR USE OF THE SITE. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ANY PURCHASES THAT ARE MADE "ONE TIME" OR "FOR THE LIFE OF THE GAME" ARE SUBJECT TO THE FOLLOWING LIMITATIONS: SUCH PURCHASES DO NOT ENTITLE YOU TO CONTINUED SERVICE IN THE EVENT,
(A) THAT COMPANY CEASES TO OPERATE THE SITE,
(B) THAT COMPANY IS PURCHASED OR SELLS SUBSTANTIALLY ALL OF ITS ASSETS, OR (C) THAT THE COMPANY FILES A NOTICE OF BANKRUPTCY WITH ANY U.S. COURT.
a. REQUIREMENT OF ARBITRATION – BY USING THE SITE OR SERVICES, OR DOWNLOADING CONTENT FROM OR REGISTERING FOR THE SERVICES, YOU THEREBY AGREE WITH ARTIX THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND ARTIX WILL RESOLVE ANY ARBITRAL CLAIM BY BINDING ARBITRATION BY THE NATIONAL ARBITRATION FORUM. AS USED IN THIS AGREEMENT, AN "ARBITRAL CLAIM" IS ANY CLAIM OR DISPUTE YOU HAVE AGAINST OR WITH ARTIX OR THE ARTIX INDEMNIFIED PARTIES, OR ANY CLAIM ARTIX HAS AGAINST OR WITH YOU, ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SITES, THE SERVICES OR ANY ADVERTISING RELATING TO THE SITES OR SERVICES, INCLUDING THE ENFORCEABILITY OF THIS AGREEMENT TO ARBITRATE BUT SPECIFICALLY EXCLUDING: (1) CLAIMS BY ARTIX TO COLLECT FROM YOU UNPAID FEES AND LATE FEES; AND (2) ACTIONS FOR REMEDIES IN AID OF ARBITRATION OR EQUITABLE RELIEF RELATING TO INTELLECTUAL PROPERTY RIGHTS, AS FURTHER DISCUSSED BELOW IN THE "REMEDIES IN AID OF ARBITRATION; EQUITABLE RELIEF" SUBSECTION. EXCEPT AS OTHERWISE EXPLICITLY NOTED HEREIN, SUCH ARBITRATION SHALL BE CONDUCTED UNDER THE NATINOAL ARBITRATION FORUM CODE OF PROCEDURE THEN IN EFFECT ("CODE OF PROCEDURE").
b. WAIVER OF RIGHT TO A JURY TRIAL – BY USING OR DOWNLOADING CONTENT FROM OR REGISTERING FOR OR USING THE SITE OR SERVICES, YOU ALSO ARE AGREEING WITH ARTIX THAT YOU AND ARTIX HEREBY WAIVE THEIR RIGHT TO A JURY TRIAL FOR ANY ARBITRAL CLAIM. IF FOR ANY REASON THIS AGREEMENT TO ARBITRATE IS HELD NOT TO APPLY TO AN ARBITRAL CLAIM, WHETHER SUCH ARBITRAL CLAIM IS AGAINST YOU, ARTIX OR THE ARTIX INDEMNIFIED PARTIES, BOTH YOU AND ARTIX STILL AGREE TO WAIVE TRIAL BY JURY.
c. JOINDER OF CLAIMS – BY USING OR DOWNLOADING CONTENT FROM OR REGISTERING FOR OR USING THE SITE OR SERVICE, YOU ARE FURTHER AGREEING WITH ARTIX THAT NEITHER YOU NOR ARTIX WILL JOIN ANY ARBITRAL CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO ARBITRAL CLAIM WILL BE RESOLVED ON A CLASS-WIDE BASIS; AND THAT NEITHER YOU NOR ARTIX WILL ASSERT AN ARBITRAL CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE.
d. NO EFFECT ON SUBSTANTIVE RIGHTS – THIS AGREEMENT TO ARBITRATE DOES NOT CHANGE YOUR OR ARTIX'S SUBSTANTIVE RIGHTS, JUST THE POTENTIAL FORUMS FOR RESOLVING DISPUTES. IN ADDITION, YOU CAN STILL BRING ANY ISSUES YOU MAY HAVE CONCERNING THIS AGREEMENT, THE SITES OR THE SERVICES TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCIES, AND THEY CAN STILL, IF THE LAW ALLOWS, SEEK RELIEF AGAINST ARTIX AND THE ARTIX INDEMNIFIED PARTIES OR ON YOUR BEHALF.
e. FINALITY, APPLICATION OF ARBITRATION AWARD – ANY ARBITRATION AWARD MADE AFTER COMPLETION OF AN ARBITRATION IS FINAL. AN AWARD AND ANY JUDGMENT CONFIRMING IT ONLY APPLIES TO THE ARBITRATION IN WHICH IT WAS AWARDED AND CANNOT BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.
f. Interpretation – This agreement to arbitrate will be governed by and interpreted under the Federal Arbitration Act, 9 U.S.C. Sections 1-16. In rendering an award, the arbitrator shall apply the substantive and procedural law of the state of Florida, without regard to its choice of laws principles. The arbitrator shall not have any power to alter, amend, modify or change any of the terms of this Agreement, nor to grant any remedy that is either prohibited by the terms of this Agreement or not available in a court of law.
g. Hearings; Fees and Costs – Either party may demand that any required arbitration hearing or hearings be conducted other than in person, even if the Code of Procedure would otherwise have provided for an in-person hearing. Any required hearing fees and costs shall be paid by the parties as required by the Code of Procedure, although the arbitrator may, in the award, allocate all or any part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys' fees of the prevailing party. If any party files a judicial or administrative action asserting a claim that is subject to arbitration and the other party successfully stays such action or compels arbitration, the party filing that action must pay the other party's costs and expenses incurred in seeking such stay or compelling arbitration, including attorney's fees.
h. Remedies in Aid of Arbitration; Equitable Relief – This agreement to arbitrate will not preclude either you or Artix from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude either you or Artix from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, to preserve the intellectual property rights of you, Artix or third parties. THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION REGARDING "EQUITABLE RELIEF" WILL BE THE FEDERAL AND STATE COURTS LOCATED IN HILLSBOROUGH COUNTY, FLORIDA; THE PARTIES HEREBY WAIVE ANY OBJECTION TO THE VENUE AND PERSONAL JURISDICTION OF SUCH COURTS.
i. Information – Information on the National Arbitration Forum may be obtained and claims may be filed at any office of the National Arbitration Forum, online at www.arbitration-forum.com, or by mail at P.O. Box 50191, Minneapolis, MN 55405.
This version of the HeroMart Terms & Conditions is effective September 21, 2010.