Terms & Conditions

Effective date: January 1, 2022

Conundrum Games, LLC (“us”, “we”, or “our”) operates the www.conundrum-games.com

website (hereinafter referred to as the “Service”).

The Terms of Service explains the conditions by which “You” (the user), may use the Service.

Acceptance

  1. You must be legally able to accept the Terms of Service.
    1. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. You affirm that you are over the age of 18, as the Service is not intended for children under 18. If you are under 18 years of age then you are not permitted to have an account on the Service.
  2. You must accept these terms to use the Service.
    1. All websites maintained by us, i.e., Conundrum Games, LLC and our affiliates (collectively, “Conundrum Games”), including without limitation all content and functionality available through the Conundrum-Games.com, including any website extensions such as widgets and gadgets, and all products, software, applications, and services offered through the websites, shall be collectively referred to as “the Service”. By using and/or visiting the Service you, the user, signify your agreement to:
      1. these terms and conditions (the “Terms of Service”).
      2. Conundrum Games’ privacy policy, available at Conundrum-Games.com/privacy, and incorporated herein by reference (the “Conundrum Games Privacy Policy”).
      3. The Conundrum Games, LLC Rules, available at https://discord.gg/9PWmQYNH, and incorporated herein by reference (the “Conundrum Games, LLC Rules”), and any modifications thereto.
  3. By using the Service, you indicate to us that you agree to the Terms of Service.
    1. We reserve the right to modify the Terms of Service at any time and without prior notice to its Users. We may add to, change, delete or end our or your use of our service at any time. The service may be temporarily unavailable from time to time for maintenance or other reasons.
    1. Conundrum Games reserves the right to refuse service to anyone at any time, and to remove any images or listings without notice.
    1. These Terms of Service apply to all users of the Service. Conundrum Games reserves the right to amend these Terms of Service at any time. Conundrum Games will post a notification of any such modifications, available at http://www.Conundrum-Games.com/Terms-Of-Service-Updates . It is your responsibility to periodically review these Terms of Service for any such modifications.
    1. Conundrum Games reserves the right to discontinue any aspect of the Service at any time.

Third Party Services

  • We are not responsible for issues you have with third party websites and apps that we may link to. We are only responsible for the Service.
    • Conundrum Games may contain links to third party websites that are not owned or controlled by Conundrum Games. Also, Conundrum Games is not affiliated with or responsible for any mobile apps based on the Service. Conundrum Games has no control over, and–except to the extent required by applicable law–assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Conundrum Games will not and cannot censor or edit the content of any third-party site. It is your responsibility to be aware when you leave our website, and to read the terms and conditions and privacy policy of each other website that you visit. By using the Service, you expressly relieve Conundrum Games from any and all liability arising from your use of any third-party website or mobile apps.

Personal Information

  • The Service may be used only for lawful purposes. Transmission, distribution, or storage of material or conduct in violation of any applicable local, state, federal or foreign law or regulation is prohibited. This includes without limitation any unauthorized use of material protected by patent, copyright, trademark or other intellectual property right, material that is obscene, defamatory, or libelous, constitutes an illegal threat, or violates rights of privacy or publicity, or violates export control laws. You may use the information on our site only to the extent necessary to facilitate Conundrum Games related transactions. You are responsible for what happens through your account, and we may hold you liable for losses resulting from improper use.
  • In order to access some features of the Service, you will have to create a Conundrum Games account. You may never use another individual’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Conundrum Games immediately of any breach of security or unauthorized use of your account. Although Conundrum Games is not liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Conundrum Games or others due to such unauthorized use.
  • You are responsible for processing and protecting any personal information that you receive from another user or another individual. You will pay us for any damages we suffer if you violate applicable privacy laws.
  • As you use the Service, you may receive or collect personal information. You MUST protect this personal information with the utmost care. You may not use or disclose it for any purpose other than as allowed by the individual or by applicable law.
  • You consent to the collection, processing, and transfer of all your information and customer information by Conundrum Games and our partners as set forth in our Privacy Policy. Conundrum Games may process that personal information as needed to facilitate trades, messages, sales or whichever activity it was given to us for. You can read about how we treat personal information in our Privacy Policy.
  • As explained in the section below on indemnification, you agree to defend, indemnify and hold us harmless if you violate any applicable privacy laws.
  • For purposes of the EU’s General Data Protection Regulation (“GDPR”), you, the user, are the data controller for any personal information you receive or collect through the Service, and Conundrum Games and our partners are data processors. This means that you are responsible under the GDPR for what happens to that personal information as it is processed by yourself, Conundrum Games and our partners, and any third parties you allow to process it.

User Submissions

  1. Your submissions.
    1. You may upload and/or may have uploaded forum threads, forum replies, reviews, session reports, photographs, files, hyperlinks, ratings, tags, comments, blog posts, and other visual or textual content to Conundrum Games (the “User Submissions”). You represent and warrant that none of your User Submissions are illegal, obscene, threatening, defamatory, invasive of privacy, infringing of any intellectual property rights, injurious to third parties, or otherwise objectionable to Conundrum Games in its sole discretion, including but not limited to commercial solicitation, mass mailings, political campaigning, chain letters, or any form of “spam” (as determined by Conundrum Games in its sole discretion). Conundrum Games does not provide for any confidentiality with respect to any User Submissions. Conundrum Games reserves the right to remove or delete User Submissions without prior notice.
  2. Don’t upload anything that isn’t yours without permission, especially personal information.
    1. You shall not upload User Submissions containing material that is copyrighted, protected by trademark or trade secret, or otherwise subject to third party proprietary rights, including privacy and publicity rights, including privacy and publicity rights, unless you are the owner of such rights or have permissions from their rightful owner to post the material and to grant Conundrum Games all of the licenses granted herein. Do not upload or post any personal information of another person without the express permission of the person it pertains to.
  3. You shall be solely responsible for all of your User Submissions and the consequences of uploading them.
  4. You own the rights to your User Submissions and give us the right to use them for their purposes in the Service.
    1. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Conundrum Games to use all patent, trademark, trade secret, copyright, and all other intellectual property rights or other proprietary rights in and to any and all User Submissions, to enable inclusion and use of the User Submissions in the manner contemplated by the Service and these Terms of Service, such as displaying the User Submission in discussion forums. You grant Conundrum Games the right to use your name and account username in connection with your User Submissions.
  5. You still own your User Submissions, but you grant us a license to it.
    1. You retain all of your ownership rights in your User Submissions. By uploading User Submissions to Conundrum Games, you hereby grant Conundrum Games a worldwide, non-exclusive, royalty-free, perpetual, sublicensable, and transferable license to use, reproduce, distribute, adapt, modify, prepare derivative works of, display, and perform the User Submissions in connection with the Service, website extensions, and the business of Conundrum Games and its successors and affiliates, including without limitation for promoting the Service in any media formats and through any media channels.
  6. You also grant other users a license to your User Submissions.
    1. By uploading User Submissions to Conundrum Games, you hereby grant each user of the Service a non-exclusive license to access your User Submissions through the Service, and to use, reproduce, distribute, display, and perform such User Submissions as permitted through the functionality of the Service and under these Terms of Service.
  7. We may keep deleted User Submissions.
    1. You understand and agree that Conundrum Games may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted.
  8. Don’t upload anything illegal or against our rules.
    1. You agree that you will not, in connection with User Submissions, submit material that is contrary to applicable local, national, and international laws and regulations, or that is contrary to the Conundrum-Games, LLC Rules, which may be updated from time to time.
  9. We don’t endorse or control what users submit.
    1. Conundrum Games does not endorse any User Submissions, or any opinion, recommendation, or advice expressed therein, and Conundrum Games expressly disclaims any and all liability in connection with User Submissions. User Submissions are made available “AS IS.” You understand and agree that when using the Service, you will be exposed to User Submissions from a variety of sources and that Conundrum Games is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and agree that you may be exposed to User Submissions that are inaccurate, objectionable, offensive, or indecent, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Conundrum Games with respect to User Submissions.

User Conduct

  • Conundrum Games hereby grants you permission to access and make personal use of the Service as set forth in these Terms of Service, but not to download or modify the Service or any portion of the Service except with express written consent, provided that:
    • Follow our rules and don’t break the law.
      • In connection with use of the Service, you shall abide by these Terms of Service, the Conundrum Games Privacy Policy incorporated herein by reference, the Conundrum-Games, LLC Rules incorporated herein by reference, and all applicable local, state, federal, and international laws and regulations, including but not limited to laws and regulations pertaining to libel, slander, defamation, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement. The violation of applicable laws and/or regulations may give rise to civil and/or criminal penalties.
    • How not to use the Service:
      • Don’t slam our servers with “robots” or “spiders”.
        • You shall not use or launch any automated system, including without limitation “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to the Conundrum Games servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser, except as expressly permitted by Conundrum Games.
      • Don’t systematically collect user data.
        • You agree not to collect or harvest any personally identifiable information, including but not limited to account names, from the Service. You may collect user data as needed for trades, sales, or other interactions, in accordance with these Terms of Service.
      • Don’t use our sites for commercial purposes.
        • You agree not to use the communication systems provided by the Service for any commercial solicitation purposes.
    • Don’t make unauthorized changes to the Service.
      • You shall not alter or modify any parts of the Service, including but not limited to Conundrum Games’s website extensions or any of its related technologies, except as expressly permitted by Conundrum Games.
    • Really, don’t use the sites for unauthorized commercial purposes:
      • You shall not use the Service for any commercial purposes without the prior written authorization of Conundrum Games. Prohibited commercial uses include without limitation any of the following actions taken without Conundrum Games’s express written approval:
        • sale of access to the Website or their related services, such as any website extensions;
        • use of the Service or their related services, such as any website extensions or APIs, for the primary purpose of gaining advertising or subscription revenue;
        • the sale of advertising, on the Service or any third-party website, targeted to the content of specific User Submissions or Conundrum Games content; and
        • any use of the Service or APIs that Conundrum Games finds, in its sole discretion, to use Conundrum Games’s resources or User Submissions with the effect of competing with or displacing the market for Conundrum Games, Conundrum Games content, or its User Submissions.
    • Don’t make unauthorized copies of anything on the site.
      • You shall not engage in the use, copying, or distribution of any of the User Submissions other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Service for any commercial purposes. You shall not circumvent, disable, or otherwise interfere with security-related features of Conundrum Games or features that prevent or restrict use or copying of any User Submissions or enforce limitations on use of Conundrum Games or the User Submissions therein.
    • Don’t do anything else shady with or on our sites:
      • You shall not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including but not limited to images, text, page layout, or forms) of Conundrum Games without express written consent. You shall not use meta tags or any other hidden text utilizing Conundrum Games’s name or trademarks without express written consent. You shall not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any User Submissions.
    • You must abide by proper privacy practices.
      • You must establish and agree to maintain and adhere to privacy practices that comply with applicable state, federal, and international laws and regulations.
    • You must abide by laws that control what sales can take place with persons outside of the U.S.
      • United States export control laws govern your use of our services. These laws apply to you and your use of our services regardless of whether you actually reside in the U.S.
      • You may not use our services for any purpose that violates export control laws, which may include the sale of products that may be legal to sell in the U.S., but illegal to export. You may not use our services to offer or provide services to end customers with whom U.S. citizens may not do business.
      • Additional information about U.S. export laws may be obtained from the United States government’s portal to exporting and trade services at the following website: http://www.export.gov/exportcontrols.html.

Prohibition Against Rogue Programming

  • You shall not upload, post, transmit, or otherwise make available in any way through the Service any software or other materials that contain a computer virus, Trojan horse, bug, time bomb, worm, or other rogue programming (“Rogue Programming”). Conundrum Games has no obligation to detect the presence of any Rogue Programming. Any download of software, files, or other materials or any other use of the content on Conundrum Games is at your risk. You are advised to take adequate precautions to minimize any loss to your system caused by Rogue Programming, including use of anti-virus programs and proper backup of files.

Account Termination Policy

  • Conundrum Games may terminate a user’s access to the Service if the user is determined, in Conundrum Games’s sole discretion, to have infringed these Terms of Service or the Conundrum-Games, LLC Rules. Conundrum Games reserves the right to decide whether a User Submission is appropriate and complies with these Terms of Service for violations such as, but not limited to, pornographic, obscene, or defamatory material. Conundrum Games may remove such User Submissions and/or terminate a user’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion. Accounts and the personal information we possess about you will be deleted in accordance with our Privacy Policy. If you have had your account terminated for cause, you are not permitted to create a new account.

Conundrum Games, LLC is a USA company

  • Conundrum Games is based in the USA and may not be usable in your country
    • The Service are controlled and offered by Conundrum Games from its facilities in the United States of America. Conundrum Games makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Digital Millennium Copyright Act

  • Conundrum Games respects copyright law and expects our users to do the same. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders’ rights. You should be aware that some image files may have been created or distributed without copyright owner authorization. As a condition to your use of the Conundrum Games system, you agree that you will not use the Conundrum Games service to infringe the intellectual property rights of others in any way.
  • In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office web site at (http://lcweb.loc.gov/copyright), Conundrum Games will respond expeditiously to claims of copyright infringement committed using the Conundrum Games service. If you are a copyright owner or authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, please report your notice of infringement by contacting Conundrum Games through our contact page.

WE DISCLAIM ANY WARRANTIES. YOUR USE OF OUR WEBSITES AND OUR CONTENT IS AT YOUR OWN RISK.

  • You agree to assume all responsibility and risk for your use of the Service and our content. To the fullest extent permissible under applicable law, neither Conundrum Games nor its related parties make any express or implied warranties or representations whatsoever with respect to the Service or our content, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose, and all such warranties are expressly disclaimed.
  • Neither Conundrum Games nor any related parties endorse or make any representation or warranty with respect to the accuracy, quality, security, reliability, timeliness, or completeness of the Service or our content or that the Service or our content is non-defamatory, non-infringing or otherwise lawful. Neither Conundrum Games nor any related parties warrant that the functions performed by the Service, or our content will be uninterrupted, timely, secure or error-free, or that defects in the Service or our content will be corrected. Neither Conundrum Games nor any related parties guarantee or warrant that any files that may be available for downloading will be free from infection by software viruses or other harmful computer code, files, or programs. the Service and our content are provided on an “as is,” “where is,“ “where available” and “as available” basis. You acknowledge that any reliance on or use of the Service and our content is at your sole risk.
  • To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Service, any downloads from the Service, or any other of our services.

Limited Liability

  • To the fullest extent provided by law, in no event will Conundrum Games or any related party be liable to any person or entity for any indirect, special, punitive, incidental, or consequential damages or damages resulting from lost profits, lost data or business interruption, even if foreseeable, arising out of or in connection with Conundrum Games’s Website, including, for example:
    • the use, inability to use, or the results of use of the Service, any website linked to the Service, or our content;
    • loss, damage, corruption or recovery of data, or breach of data or system security;
    • failure or downtime of the Service, systems, or services in any way;
    • hacking, viruses, malware, or other physical or digital intrusions into our systems, including, for example, those that result in a data breach; and
    • our breach of the Terms of Service;
    • in any case, whether based on warranty, contract, tort, or any other legal theory and whether or not Conundrum Games or a related party is aware of or of advised the possibility of such damages.
  • You specifically agree that Conundrum Games will not be liable for any other user’s content or any conduct of a third party and that you assume the full risk of harm or damage from such content and conduct.
  • This Section does not affect any liability that cannot be excluded or limited under applicable law

Indemnification

  • To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Conundrum Games, Conundrum Games, LLC, and its owners, operators, officers, directors, employees, affiliates, assigns, and agents, from and against any and all actions, claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including without limitation attorneys’ fees) arising from or in connection with:
    • your use of and access to the Service;
    • your violation of any term or provision of these Terms of Service;
    • your failure to abide by applicable local, state, federal, and international law;
    • your violation of any third party right, including without limitation any copyright, trademark, property, or privacy right;
    • any claim that one of your User Submissions caused damage to a third party;
    • any breach of any representation, warranty, or agreement made by you in these Terms of Service; or
    • your disclosure, use, storage, or processing of personal information in violation of any applicable state, federal, or international privacy laws. Conundrum Games reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Conundrum Games’s defense of such claim. In any case, you may not settle any third-party claim against us unless we consent to such settlement.
  • This defense and indemnification obligation survives these Terms of Service and your use of the Service.

Rights under Terms of Service

  • These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Conundrum Games without restriction.
  • These Terms of Service are governed by New York State law and any claims will be dealt with in New York State.
  • The laws of the State of New York govern all matters arising out of or relating to these Terms of Service, without giving effect to conflicts of law principles thereof.
  • You submit to the exclusive jurisdiction of the state and federal courts of the State of New York for resolving any claim or dispute arising out of or relating to these Terms of Service.

Terms and Policies

  • These Terms of Service, together with the Conundrum Games Privacy Policy incorporated herein by reference and the Conundrum-Games, LLC Rules incorporated herein by reference, constitute the entire agreement between you and Conundrum Games with respect to the Service, and supersede and replace any other agreement, document, correspondence, negotiation, conversation, or other written or oral understanding between you and Conundrum Games with respect to the subject matter of this agreement.

Waivers

  • No waiver of any term of these Terms of Service will be deemed a further or continuing waiver of such term or any other term, and Conundrum Games’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

Invalidation

  • If any term or provision of these Terms of Service is held void, invalid, inoperative, or otherwise unenforceable by a court of competent jurisdiction, then no other term or provision will be consequently affected, and the remaining terms and provisions will remain in full force and effect.

Intellectual Property Rights

  • Conundrum Games, and Conundrum Games graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, or trade dress of Conundrum Games, LLC or its affiliates in the United States and/or other countries. These trademarks, registered trademarks, and trade dress may not be used in connection with any product or service without the express written approval of Conundrum Games, or in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Conundrum Games. All other trademarks not owned by Conundrum Games that appear on the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Conundrum Games. Unless otherwise specified, all software used on this site is the property of Conundrum Games, LLC or its affiliates and is protected by United States and international copyright laws.

All Rights Reserved

  • Conundrum Games reserves all rights not expressly granted herein.

Application to Third Parties

  • Other than Conundrum Games’s owners, operators, officers, directors, employees, affiliates, assigns, and agents as to the Section referring to Indemnification, nothing in the Terms of Service shall be deemed to confer any third party rights or benefits.
  • Nothing in the Terms of Service shall be deemed to confer any third party rights or benefits.

Terms of Service that apply after termination.

  • Those provisions of the Terms of Service that expressly or by their nature survive will continue in full force and effect even if you stop using our services or if you terminate your account. For example, we will still have rights under these Terms of Service to any User Submissions. Also, everything that you have represented to us in the Terms of Service will survive indefinitely.