Terms of Use

You must be 13 years of age or older to submit personal information to Factus Games. In compliance with the Children’s Online Privacy Protection Act of 1998, Factus Games does not accept name and e-mail address information from users who are under 13 years of age.

All submitted ratings and written comments become the sole property of Factus Games, LLC. and may be used at Factus Games’ sole discretion. Ratings and written comments are generally posted within twenty-four hours. However, Factus Games reserves the right to remove or refuse to post any submission for any reason. You acknowledge that you, not Factus Games, are responsible for the contents of your submission.

Factus Games is not responsible for the content of the publisher’s descriptions or user reviews on this site. We encourage you to determine whether this product or your intended use is legal. We do not encourage or condone the use of any software in violation of applicable laws. Factus Games does not sell, resell, or license any of the user-submitted downloads listed on the site. We cannot be held liable for issues that arise from the download or use of these products.

Privacy Policy

Factus Games will not sell any user’s personal information

 

Terms and Conditions

Introduction

Thank you for using Factus Games and we hope you enjoy using our service. These terms of use (together with any documents referred to in it) sets out the terms of use on which you may make use of our website www.factusgames..com (our “website”), whether as a guest or a registered user. Use of our website includes accessing, browsing, purchasing or registering to use our website.

Please read this document carefully. By using our website, and placing an order for products from our website, you agree to be bound by these terms. We may update these terms from time to time, and you must continually agree to these terms as you continue to use our website.

Interpretation

In these terms, “we” means Factus Games, LLC (and “us” and “our” will be construed accordingly); and “you” means a visitor to our website or a customer of our services and products (and “your” will be construed accordingly).

Purpose

The purpose and intent of our website is to provide information on products available for purchase and download through the website.

Content

Factus Games reserves the right to add, modify, or delete any information on the Website at any time. Factus Games makes no representation or warranty as to the completeness or accuracy of the information contained on the Website, nor does it represent or warrant that the products or services offered or advertised on the Website will be available at all times. The information contained on the Website may be incomplete, may contain errors, or become out of date at any time. Factus Games makes no commitment and expressly disclaims any duty to update any of the content on the Website.

Factus Games Registration

With regard to your registration for a Factus Games account, you acknowledge and agree that you will (a) provide true, accurate, current, and complete information as requested by the registration form and (b) maintain and update this registration information to keep it true, accurate, current, and complete. If you use the Website, you are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you hereby accept sole responsibility for all activities that occur under your account or password. Factus Games may sell products for individuals under the age of 18, but it sells them to adults, who can make purchases with a credit card. If you are under the age of 18, you may use the Website only under the supervision of a parent or guardian. Factus Games and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion for any reason whatsoever, including, without limitation, if you provide registration information which is false, inaccurate, not current, or incomplete. Please note that your use of the Website constitutes your acceptance of the Privacy Policy. Additionally, as a member of the website, Factus Games has permission to send email notifications or newsletters. Users will have the option to opt out of promotional campaigns.

Payment

You agree to fully pay for all products ordered. You are responsible for providing Factus Games with a valid credit card number and email address to secure payment. Factus Games reserves the right to cancel any order if the credit card number you provide is not valid.

Prices

Factus Games reserves the right to change the price and availability of any products at any time without notice; provided, however, such price change will not affect your purchase price for orders that Factus Games has already received from you and processed.

Delivery of Products

Factus Games shall endeavor to deliver properly ordered products to you within a reasonable amount of time. However, on occasion, technical problems and/or a manual review of the order may delay or prevent delivery of the ordered product. Your sole remedy with respect to a product that is not delivered within a reasonable amount of time is to either receive a replacement of such product, or a refund of the purchase price paid for such product, as determined by Factus Games in its sole discretion.

Restrictions on Use

You agree to abide by all applicable local, state, national, and international laws and regulations in using the Website. You expressly agree that you shall not: (a) use the Website for any illegal purpose; (b) use the Website in any manner which violates the rights of a third party, including without limitation intellectual property rights; or (c) use the Website in any manner that breaches the terms and conditions of the Terms of Use.

Links to Other Websites

The Website may contain links to other websites. Factus Games does not review or evaluate all of the websites linked to the Website and is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content on these websites, nor is it responsible for the advertising, products, or other materials that appear on or are offered by such websites. You should carefully review the respective conditions of use for each of these websites. Under no circumstances shall Factus Games be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by your use of or reliance on any content, goods, or services available on such websites.

Indemnification

Your use of the Website constitutes your agreement to defend, indemnify, and hold harmless Factus Games, its parents and affiliates, and their respective employees, contractors, officers, and directors, from and against any actions, claims, demands, liability and expenses, including reasonable attorneys’ fees, arising out of your use or misuse of the Website or the use or misuse of the Website by a third party using your account.

Termination

These Terms of Use are effective until terminated. You agree that Factus Games may terminate your log in access to the Website, including your user name and password, at any time for any reason without prior notice or liability. Factus Games may change, suspend, or discontinue all or any aspect of the Website at any time, including the availability of any feature, without prior notice or liability.

Disclaimers and Limitations on Liability

THE FACTUSGAMES.COM WEBSITE IS PROVIDED BY FACTUS GAMES, LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FACTUS GAMES, LLC DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, FACTUS GAMES, LLC MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE FACTUSGAMES.COM WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE FACTUSGAMES.COM WEBSITE WILL BE CONTINUOUS, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR PRODUCTS PROVIDED THROUGH THE FACTUSGAMES.COM WEBSITE; OR (IV) THAT THE FACTUSGAMES.COM WEBSITE, PRODUCTS DOWNLOADED FROM THE FACTUSGAMES.COM WEBSITE, THE FACTUSGAMES SERVERS, OR E-MAILS SENT FROM OR ON BEHALF OF FACTUSGAMES, ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS.

THE OPERATION OF THE FACTUSGAMES.COM WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF FACTUS GAMES, LLC, AND UNDER NO CIRCUMSTANCES SHALL FACTUS GAMES, LLC, ITS PARENTS AND/OR AFFILIATES (COLLECTIVELY “FACTUS GAMES” FOR PURPOSES OF THE REMAINDER OF THIS SECTION 13 AND THE FOLLOWING SECTION 14) BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE FACTUSGAMES.COM WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE FACTUSGAMES.COM WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO FACTUSGAMES RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE FACTUSGAMES.COM WEBSITE.

UNDER NO CIRCUMSTANCES SHALL FACTUSGAMES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE FACTUSGAMES.COM WEBSITE OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF FACTUSGAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.

 

Trademarks and Service Marks

The game names, logos, characters, brands and product names appearing on the Website are trademarks/service marks or registered trademarks/service marks of Factus Games, LLC. The use of any such trademark or service mark without express written consent of Factus Games, LLC is strictly prohibited.

Intellectual Property

You acknowledge and agree that all content, design elements, and materials available on the Website (collectively “Materials”) are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Factus Games and its licensors retain all right, title and interest in and to the Materials. You may not copy, reproduce, modify, republish, upload, post, transmit or distribute any Materials in any form or for any means without Factus Games prior written permission. In addition, you may not sell, license, rent, perform, display, create derivative works from, or in any way exploit such Materials.  You agree not to disassemble, decompile or reverse engineer any software or other component of the Materials or Website.

Electronic Communications

When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receiving communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Modification

We reserve the right, at our discretion, to update or revise the Terms of Use at any time. We will post such changes on the Website, and these additional or revised terms will become part of the Terms of Use. Please check this Terms of Use document periodically for changes. Your continued use of the Website constitutes your binding acceptance of the Terms of Use, including any changes or modifications made by Factus Games as permitted above.

Entire Agreement

This Terms of Use constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. Factus Games may assign its rights under the Terms of Use without notice to you.

Factus Games Sales and Refund Policy

The text below is considered a contract between you and Factus Games and will be used accordingly.

Factus Games is a DOWNLOAD SERVICE ONLY and has no discs to ship out.

1.1 Before buying a game, it is your sole responsibility and obligation to make sure that you have the technical grounds for operating the game, and that your computer system meets the minimum System Requirements for the game.

1.2 Factus Games does not take any responsibility for a game working on a newer or different operating system than as specified in the System Requirements for each game.

1.3 All sales, purchases and payments made through Factus Games are final and not refundable except as expressly provided below.

Refunds or credits will be issued solely at the discretion of Factus Games. Refunds may be offered if all the following conditions are met:

  1. The game has not been activated or downloaded.
  2. The time of your request for refund/credit is no more than 14 days from time of purchase.
  3. For Steam users: The Steam 3rd party platform required to access the product has not withdrawn the product from their online catalogue within 14 days of your purchase.
  4. We find your request reasonable due to special circumstances.

1.4 If you reside in the European Union, you will have the right to withdraw from the purchase of a game you have made through Factus Games, for any or no reason, for up to 14 calendar days from your purchase (the “Refund Period”), subject to the following limitations:

1.4.1 You expressly acknowledge, consent and agree that you will no longer have the right to withdraw from the purchase of the game or obtain a refund if, before the Refund Period expires, the download process for the game has begun. Once the download process for the game has begun, you will no longer have the right to withdraw from the purchase of the game or obtain a refund, and the sale, purchase and payment will be final.

1.4.2 You expressly acknowledge, consent and agree that the download process for a game begins when: (a) the game is added to your account and available for your download, or (b) a serial number for the game has been generated and made available to you through your account, or (c) when the game has been gifted by you, whichever is earlier.

Payment Partners

Factus Games has none, or very little, transaction information. Therefore we highly recommend contacting the support of the payment system used as a first choice when it comes to failed payments, credit card failures, suspected frauds, etc.

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