Black Salt Games Terms of Use

Your use of this Black Salt website, game or application [ “site”] and your use of any account you create on the site, or transaction you engage in, is subject to these Terms of Use, which we reserve the right to update from time to time.

These Terms of Use constitute an agreement made between you, the site user, and us. You must not access or use this site unless you accept all of these Terms of Use. By accessing and using this site you are agreeing that you have read, understood and accepted these Terms of Use, and agree to be bound by them and that you are authorised to enter into and perform them. Your use of this site or your account on this site after the Terms of Use have been updated  constitutes your agreement to the changes.

Black Salt Games in its sole discretion may elect to warn you if you have been found in violation of these Terms, it also retains the right and may at any time, discontinue or modify this site or any part thereof, or may discontinue or modify your use of this site or your account, with or without notice to you at any time.

You agree that you do not have any rights in this site and that Black Salt Games will have no liability to you if this site is modified, discontinued or your ability to access it is terminated.

If you do not agree with these Terms, you should immediately discontinue all use of this site and your account.

Content

All content on this site including artwork, graphics, images, screenshots, text, music, trademarks, logos, downloadable files, slogans, characters and additional foregoing content is the property of Black Salt Games and its licensors and is protected internationally under trademark, copyright and other intellectual property laws.

Third party content, including trademarks, trade names, characters, and copyrights are the property of the third parties that market or license that content, and is used by Black Salt Games subject to license, or subject to the fair use provisions of international copyright or trademark law.

You agree not to display or use any Content or third party content located on the site in any publications, in public performances, for any commercial purpose, in connection with products or services that are not those of Black Salt Games, that disparages or discredits Black Salt Games and/or its licensors, that dilutes the strength of Black Salt Games or its licensor’s property, or that otherwise infringes Black Salt Games or its licensor’s intellectual property rights. You further agree to in no other way misuse any Content that appears on this Site.

If you are a trademark or copyright owner and you believe that your trademark rights have been violated, please go to our contact page and get in touch immediately.

User Content

On certain areas of our site you will be allowed to create an account and through that account you may be able to chat with other users, submit embedded content, submit images, submit photos, submit sounds, submit musical works, works of authorship and other materials and content. Your posting of user content is subject to these Terms of Use and the following rules:

• You understand and acknowledge that you are responsible for your User Content, and agree not to post any content that is unlawful, harmful, tortious, defamatory, libellous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, or otherwise objectionable or inappropriate. You further agree that you will not otherwise engage in, or encourage others to engage in, illegal or abusive conduct or activities. You also agree not to submit false or harassing reports or complaints to Black Salt Games about other users.
• You agree that you will not post any content that contains personal information about any individual, violates the privacy of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organisation, including without limitation, the personnel of Black Salt Games. You further agree that you will not misrepresent an affiliation with another person or organisation, nor will you post any content that contains slanderous or libellous comments about  others, or that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party.
• This Site is intended to allow information exchanges, and for users to express their opinions. It is not a commercial site. Therefore, you agree that unless specifically permitted by Black Salt Games, you will not post any content that contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service.
• You agree that you will not post any software, files or links to other sites except as may be specifically permitted by Black Salt Games, and that you will not post any content that contains viruses, corrupted files, or any other
  similar software or programs that may adversely affect the operation of the site, or feature of the site. You further agree that you will not use or distribute any cheat utility, software or macro programs or applications that allow you or other users to cheat on online games posted at this Site or elsewhere, nor will you use robots, spiders, or other means to cheat in online games on the site or otherwise engage in fraudulent activity.
• You may not share or transfer your account or your account password or other access information with any other party, temporarily or permanently. You shall bear sole responsibility for all use of your Account and for the confidentiality of your password. You represent that all information submitted to create your Account is accurate and truthful.
• You understand and acknowledge that User Content is solely your responsibility, and that Black Salt Games is not responsible for the information, data, text or other materials that may appear in User Content. Opinions expressed in User Content do not necessarily reflect the opinions of Black Salt Games, and Black Salt Games does not endorse and has no control over User Content. User Content is not necessarily reviewed by Black Salt Games prior to posting and Black Salt Games makes no warranties, express or implied, as to the User Content or to the accuracy and reliability of the User Content.
• Notwithstanding the foregoing, Black Salt Games does not necessarily monitor any materials posted, transmitted, or communicated within the Site. If you believe that something on the Site violates these rules or otherwise violates these Terms, please contact us.
• You understand and agree that you have no ownership rights in your Account. Black Salt Games may cancel your Account and delete all User Content associated with your Account at any time, and without notice, if Black Salt Games deems that you have violated these Rules, the Terms, the law, or for any other reason. Black Salt Games assumes no liability for any information removed from our site, and reserves the right to permanently restrict access to the Site or a user Account.
• The nature of this site is interactive and public. By posting User Content, you understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to Black Salt Games may be used by Black Salt Games anywhere, anytime, and for any reason whatsoever subject to the terms of the User Content License described in Ownership of Posted Content.

Users found in violation of these rules or the Terms may have their accounts terminated by Black Salt Games, or may otherwise have their access to the Site restricted.

Ownership of Posted Content

After posting your User Content to the Site, you continue to retain all ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. Black Salt Games may delete any User Content that in the sole judgement of Black Salt Games violates these Terms or the Posting Rules.

Scope of License: By displaying, publishing, or otherwise posting any User Content on or through the Site, you hereby grant to Black Salt Games a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content. This license will terminate at the time you remove your User Content from the Site.

Representations: You represent and warrant that you own the User Content displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of your User Content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content displayed, published or posted by you to the Site. Except for your User Content, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any User Content appearing on this site.

Online Store, Products and Descriptions

Our sites online store is hosted on Shopify Inc., whose Terms of Service can be found at https://www.printful.com/policies/terms-of-service and are hereby incorporated herein by reference. Shopify Inc. provides us with the online e-commerce platform that allows us to sell our products and services to you.

In addition, Black Salt Games and the dredge.store site may make available listings, descriptions and images of goods or services or related coupons or discounts (collectively, “Products”), as well as references and links to Products. Such Products may be made available by Black Salt Games or by third-parties. The availability through Black Salt Games of any listing, description or image of a third-party Product does not imply our endorsement of such Product or affiliation with the provider of such Product. We make no representations as to the completeness, accuracy or timeliness of such listings, descriptions or images (including any features, specifications and prices contained therein). Such information (including pricing) and the availability of any Product (including the validity of any coupon or discount) are subject to change at any time without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Product, Site, or Service. Certain measures and similar descriptions are approximate and are for convenience only, and Black Salt Games makes no guarantee that the colour and other descriptions provided will be precise attributes of any actual Product you receive due to the handmade, customised, limited, and/or unique nature in many or all Product instances. We make reasonable efforts to accurately display the attributes of Products, including the applicable colours, however we cannot guarantee that your computer will accurately display such colours. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the possession, use and sale of any Product. Black Salt Games is not responsible for any variations except those that are material, and Black Salt Games is not liable for the final colour appearance of any Products. If a Product or Service offered on the Site materially differs from its description, your sole remedy is to return the item, as specified in these Terms. Any offer for any Product or Service made on this Site is void where prohibited.

Transactions

We may make available the ability to purchase or otherwise obtain certain Products through the Site (a “Transaction”). If you wish to make a Transaction, the purchase of Products available through or in connection with this Site requires that you pay the applicable fees. Unless otherwise indicated, all fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.

You may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION AND THAT THE ASSOCIATED INFORMATION ENTERED IS ACCURATE. By submitting such information, you grant to us the right to provide such information to third-parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You agree to pay all charges incurred by you or on your behalf through the Site, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. Your right to use the Service is subject to any expenditure limits established by Black Salt Games or by your credit card issuer. If payment cannot be charged to your credit card or your charge is returned for any reason, including chargeback, Company reserves the right to either suspend or terminate your access and purchase, thereby terminating this Agreement and all obligations of Black Salt Games hereunder. If a charge is declined or reversed by the credit card issuer or network, you agree to pay Black Salt Games a service charge and to reimburse Black Salt Games for all reasonable costs of collection. Your credit card issuer may also assess its customary charge for such transactions. By clicking “Submit,” you are consenting to receive a one-time confirmation of this payment electronically to the email address you have provided to us.

Shipping and Tax

Product prices are exclusive of all foreign, federal, state, municipal, and local excise, sales, use and similar taxes. Such taxes are the responsibility of you as a purchaser and may be in addition to the price stated on the Site. You are deemed to take possession of a Product you purchase when the Product leaves the Company’s facility. Purchaser shall pay all customs fees and duties on the Products as well as all insurance and shipping charges.

Restrictions

Black Salt Games reserves the right, including without prior notice and on a case-by-case basis, to limit the available quantity of or discontinue making available any Product in general or to any per person, per household, or per order, per geographic region or jurisdiction (including orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address); to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors; to impose conditions on the honouring of any coupon, discount or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with any Product. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. By making a Transaction, you represent that the applicable Products will be used only in a lawful manner. You agree that you will not resell any Products or Services obtained through a Transaction, unless we have provided our express prior written consent for you to do so.

Black Salt Games may, in its sole discretion, choose to not process or to cancel your order in certain circumstances. This may occur, for example, when the product or service you wish to purchase is out of stock or has been mispriced, we suspect the request is fraudulent, or in other circumstances Black Salt Games deems appropriate in its sole discretion. Black Salt Games also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. Black Salt Games will either not charge you or refund the charges for orders that we do not process or cancel.

Returns and Exchange Policy

Black Salt Games may accept returns on certain merchandise within designated time frames.

All original art sales are final.

For Pre-Order items, cancellations will only be accepted within 14 days of the original purchase date unless otherwise noted in the product description.

All transactions, including pre-orders and back-ordered items are charged at the point of purchase.

For our customers’ protection, Black Salt Games does not retain or store payment information. Customers may be required to provide Black Salt Games with an alternative payment method for the processing of refund requests.

Orders must be cancelled within 14 days of original order date in order to be eligible for a refund. Refunds can only be provided on unshipped items that do not include digital content.

For returns or exchanges of shipped orders, dredge.store site customer service must be contacted within 14 days of the delivery date to initiate the return process. Shipped orders may be returned for store credit only. Items must be in original condition and are subject to inspection by Black Salt Games staff before store credit is applied. Customer is responsible for all shipping and ancillary fees incurred with the return of items to Black Salt Games.

Orders damaged or lost in transit via USPS Domestic Media Mail are not eligible for full replacement, the replacement of components or refunds.

For all other inquiries, reports of damage must be made within 14 days of the delivery date. Requests made beyond the 14-day window are not eligible for refund or store credit. To request a refund for damaged items shipped via non-Media Mail or USPS First Class International, please contact dredge.store site customer service with your order number and a brief description of the issue, along with images of the damaged order. Please retain all outer packaging as well as the product itself until instructed further by Black Salt Games customer service.

Any item that includes a digital component will not be eligible for cancellation or refund once the digital content has been distributed. Please be sure to claim your digital content within 90 days of its delivery. Black Salt Games cannot guarantee the availability of the content after 6 months of the original delivery date.

If your order is returned to us as undeliverable or unclaimed, Black Salt Games will notify you via the email address used on your original order. You will have 14 days to respond, requesting either a refund or re-shipment of your order. Shipping charges will not be refunded. Black Salt Games will not be responsible for any shipping and ancillary fees incurred with the re-shipment of orders returned as undeliverable or unclaimed. If you fail to respond within 14 days, your order will be returned to inventory and you will be issued a store credit for the price of the items, valid for 1 year from the issue date. Black Salt Games can not guarantee your item will be available for re-shipment after 14 days. Undeliverable items must arrive to Black Salt Games in their original condition and are subject to inspection by Black Salt Games staff before a refund/credit will be granted.

Product Warranty

You agree that all Products purchased in connection with the Site or Service are sold and purchased “AS IS.” ALL IMPLIED WARRANTIES INCLUDING FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY ARE EXPRESSLY DISCLAIMED BY COMPANY.

Indemnification

You agree to indemnify and hold Black Salt Games, its parents, subsidiaries, officers, employees, and website contractors harmless from any claims and expenses, including reasonable attorney’s fees, related to your violation of these Terms, or any violations thereof by your dependents.

Privacy/Children

On certain areas of our Site, you may be given the ability to provide us with personally identifiable information. Children under the age of 13 are not permitted to register for an Account or use other features of our Site. Please read our Privacy Policy for more information about our information collection and use practices.

Third Party Websites

This Site may hyperlink to sites not maintained or related to Black Salt Games. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this web site or Black Salt Games, and Black Salt Games makes no representations or warranties about the content, completeness, or accuracy of those third party sites. Information you submit at a third party site accessible from this Site is subject to the terms of that site’s privacy policy, and Black Salt Games has no control over how your information is collected, used, or otherwise handled.

Miscellaneous

Both you and Black Salt Games acknowledge and agree that no partnership is formed and neither you nor Black Salt Games has the power or the authority to obligate or bind the other.

Representations, and Limitations of Liability

Black Salt Games makes no representations about the reliability of the features of this Site, the Content, User Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk. Black Salt Games makes no representations regarding the amount of time that any Content or User Content will be preserved.

THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL BLACK SALT GAMES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL BLACK SALT GAMES BE RESPONSIBLE FOR ANY
DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND BLACK SALT GAME’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORISED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL BLACK SALT GAMES’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS (NZ $5.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Governing Law

These terms of use are governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these terms of use. Visit our privacy policy page for more information regarding the security of your personal information.

Our privacy policy is governed by New Zealand laws.