Terms and Conditions

LEGAL NOTICES

Terms and Conditions

Updated: February 24, 2022

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS AS WELL AS THE PRIVACY STATEMENT CAREFULLY BEFORE USING THIS SITE.

By using the Site (as herein defined), you agree to these terms and conditions as well as the contents of the privacy statement, which is incorporated herein by reference.

Xtreme Games LLC/xtremegamesonline.com. (“Xtreme Games”) may modify these Terms and Conditions from time to time and without notice. Your continued usage of this website (the "Site") constitutes your acceptance of any such changes. If you do not agree to the terms set forth below, do not use the Site.

All original content on the Site is © Xtreme Games LLC and may not be used or reproduced without consent. 

RESTRICTIONS ON USE

Material, services, data, and information (including pricing information) from, on, or offered through the Site and any other website owned, operated, licensed, or controlled by Xtreme Games or any of its related, affiliated, or subsidiary companies (together, "Xtreme Games LLC/xtremegamesonline.com") may not be scraped, extracted, downloaded, uploaded, sold, or offered for sale or use in any way (including for competitive purposes), without the prior written consent of Xtreme Games. To that end, and without limiting any provision in these Terms and Conditions or privacy statement, you agree not to use, or cause to be used, any computerized or other manual or automated program or mechanism, tool, or process, including any offline reader, site search/retrieval application, scraper, spider robot, to access, extract, download, scrape, data mine, display, transmit, or publish, any materials, data, or information (including pricing information) on any Xtreme Games Website (including the Site itself) for any purpose, including for purposes of selling, offering to sell, or otherwise make available such materials, data, or information. If you violate any of these Terms and Conditions or circumvent (or attempt to circumvent) any security or technological measures on the Site, your limited license to use the Site and related content automatically terminates, provided that it shall not be a violation of these Terms and Conditions for an individual to access or use Xtreme Games’s published prices in connection with selling or offering to sell cards to Xtreme Games.

SUBMISSIONS

Use of all remarks, suggestions, ideas, graphics, items, data, pictures, files, audio, video, other multimedia, or other information uploaded, displayed, posted, made available or otherwise communicated to Xtreme Games, another user of the Site, or the Site’s third-party server, through the Site (together, the "Submission") shall automatically be granted to Xtreme Games in the form of a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, and fully sub-licensable license for Xtreme Games to use, edit, alter, copy, publish, distribute, of make derivative works of the Submissions for any purpose . For each Submission you post, make available or otherwise communicate through the Site, you represent and warrant that: (a) you own or control all of the rights to such Submission and your use of the Submission does not violate any law, rule or regulation; (b) such Submission does not contain any virus, malware, or the like; and (c) such Submission does not violate these Terms and Conditions or any rights of any third party.

Xtreme Games will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities to a Submission that may appear in future Xtreme Games operations. Except as noted below in this paragraph, Xtreme Games will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. Xtreme Games may remove any Submission that in its sole judgment violates these Terms and Conditions, including, but not limited to any Submission that it deems to be offensive, illegal or that may harm or threaten the safety of any person. Xtreme Games does not control or endorse the Submissions and disclaims all liability relating to the Submissions. Personally identifiable information that may be received at the Site is provided voluntarily by you and you consent to Xtreme Games collection, use, and storage of such personal information. This shall be used solely in accordance with Xtreme Games’s Privacy Statement provided on the Site. You acknowledge that you are responsible for whatever Submission you may submit, and you, not Xtreme Games, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

JURISDICTION

Except as described otherwise, all materials, services data, and information on the Site are made available only to provide information about Xtreme Games. Xtreme Games controls and operates the Site from its headquarters in Antioch Illinois, United States of America and makes no representation that these materials, services, data, and information are appropriate or available for use in other locations. If you use the Site from other locations, you are responsible for compliance with applicable local laws.

DISCLAIMER

THE MATERIALS, SERVICES, DATA AND INFORMATION ON THE SITE COULD INCLUDE INACCURACIES OR ERRORS. XTREME GAMES MAY MAKE CHANGES (INCLUDING REMOVAL OF CONTENT OR SERVICES) OR IMPROVEMENTS AT ANY TIME. THE MATERIALS, SERVICES, DATA, AND INFORMATION ON THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. XTREME GAMES DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. XTREME GAMES DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE CONTINUING, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. STAR CITY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL SERVICES, DATA, OR INFORMATION ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. IN ADDITION, STAR CITY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE FOLLOWING: THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, CONTINUED ACCESS TO, USE OF, OR TIMELINESS OF THE MATERIALS, SERVICES, DATA AND INFORMATION ON THE SITE, INCLUDING ALL SUBMISSIONS, CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE SITE, ANY OF WHICH MAY BE REVOKED, REMOVED, OR TERMINATED, AS THE CASE MAY BE, BY XTREME GAMES AT ANY TIME AND WITHOUT PRIOR NOTICE.

LIMITATION OF LIABILITY

THE USE OF THE SITE AND THE MATERIAL, SERVICES, DATA, AND INFORMATION ON THE SITE IS AT YOUR SOLE RISK. NEITHER XTREME GAMES, ITS AFFILIATES, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY TO PERSON OR PROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES OR INJURY CAUSED BY OR OTHERWISE RELATED TO ANY USE, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DOWNTIME, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS OR OTHER HARMFUL CODE, OR LINE FAILURE. XTREME GAMES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY (INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, PROPERTY DAMAGE, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING IN TORT, CONTRACT, OR OTHERWISE, THAT RELATE TO THE SITE OR ANY MATERIALS, SERVICES, DATA OR INFORMATION CONTAINED OR OFFERED THEREIN, EVEN IF THERE IS NEGLIGENCE OR XTREME GAMES OR A XTREME GAMES REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. FURTHER, XTREME GAMES TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, IN TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, WILL NOT IN ANY EVENT EXCEED THE GREATER OF (A) THE AGGREGATE AMOUNT YOU PAID TO ACCESS THE SITE DURING THE IMMEDIATELY-PRECEDING 12 MONTH PERIOD AND (B) $100.00.

TERMINATION

Xtreme Games may terminate or suspend your right to use the Site, any services provided on the Site, and/or the license to use Xtreme Games’s goods or services as obtained through the Site, at any time. Your right to use the Site, any services provided on the Site, and/or the license to use Xtreme’s goods or services as obtained through the Site shall terminate immediately and automatically if you should breach any of these Terms and Conditions. You agree that the following actions, among others and whether or not set forth herein, shall constitute a breach of these Terms and Conditions:

Using the Site for any purpose in violation of local, state, national, or international laws;

Using material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;

Using material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Star City in its sole discretion;

Distributing viruses or other harmful computer code;

Taking any action that interferes or may in, in Xtreme Games’s judgment interfere, with the use or functionality of the Site including but not limited to spamming, flooding, or placing an unreasonable or disproportionately large load on Xtreme Games’s servers;

Engaging in any conduct that restricts or inhibits any person from using or enjoying the Site, or which, in the judgment of Xtreme Games Xtreme Games or any of its customers or suppliers to any liability or detriment of any type.

More than one person using a unique user account on the Site without Xtreme Games’s written permission.

Any other action that, in Xtreme Games’s sole discretion, is inconsistent with the terms or spirit of these Terms and Conditions, the Privacy Statement, or Xtreme Games’s business.

In addition, Xtreme Games shall have the right, but not the obligation, to suspend or terminate your account and prevent you from accessing the Site at any time in the event Xtreme Games has any reason to believe, in its sole discretion (whether by reviewing its daily login tracker, reviewing its IP address tracker or otherwise), that your account is being misused or that your login or account information may be compromised. Termination shall not relieve you of your obligations under these Terms and Conditions. You agree that monetary damages may be an insufficient remedy and that Xtreme Games may also seek injunctive or other relief for a violation or threatened violation of these Terms and Conditions.

INDEMNITY

You agree to defend, indemnify, and hold Xtreme Games, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable attorneys' fees, resulting from, or alleged to result from, (a) your intentional or unintentional violation of these Terms and Conditions or (b) your use of the Site, including the Submissions.

JURISDICTION AND VENUE

You expressly agree that exclusive jurisdiction for any dispute with Xtreme Games, or in any way relating to your use of the Site or these Terms and Conditions, lies in the courts of the Commonwealth of Illinois located in Antioch, County of Lake, and you further agree and expressly consent to the exercise of personal jurisdiction of such courts in connection with any such dispute including any claim involving Xtreme Games. These Terms and Conditions are governed by the laws of the Commonwealth of Illinois, without respect to its conflict of laws principles.

INTELLECTUAL PROPERTY INFORMATION AND POLICY

All trademarks are the property of the respective trademark owners. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to Xtreme Games or others without obtaining the prior written consent of the owner of such rights. Xtreme Games will remove any content or information from the Site which it in good faith believes to infringe the intellectual property rights of others upon receipt of proper notification to Xtreme Games by such rightsholder.

MISCELLANEOUS

If any part of these Terms and Conditions is determined by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Possible evidence of use of the Site for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of the Site. Xtreme Games can revise these Terms and Conditions at any time and without notice by updating this webpage. Xtreme Games products and services are available in many parts of the world; however, the Site may describe products and services that are not available worldwide. The Site may be linked to other websites which are not maintained by or affiliated with Xtreme Games. Xtreme Games is not responsible for the content of those websites. The inclusion of any link to such sites does not imply endorsement by Xtreme Games of the sites. Please refer to the Privacy Policy for more information.

Questions or comments regarding the Site should be directed by electronic mail or U.S. mail to Xtreme Games LLC 911 Main Street, Antioch IL 60002.

PURCHASING FROM XTREME GAMES LLC/XTREMEGAMESONLINE.COM

ORDERS

Xtreme Games reserves the right to refuse any order placed on the Site. Xtreme Games may, in its sole and absolute discretion, limit or cancel quantities of any order for any reason. In the event Xtreme Games changes or cancels your order, Xtreme Games will attempt to notify you by sending you an e-mail and/or contacting you via the billing address/phone number provided at the time your order was made.

GIFT CERTIFICATE TERMS AND CONDITIONS

Your use of an Xtreme Games Gift Certificate, (a “Gift Certificate”) indicates your acceptance of these Terms and Conditions and these Terms and Conditions apply to all Gift Certificates, except as otherwise specifically provided by law.

Redemption

Gift Certificates may only be redeemed toward the purchase of eligible products at Xtreme Games, you must have an account with Xtreme Games prior to activating a Gift Certificate. If you do not have an account, you may register at www.xtremegamesonline.com

Limitations

Gift Certificates may not be used to purchase Xtreme Games gift certificates. Gift Certificates are not debit or credit cards and should be protected and treated like cash. Gift Certificates cannot be reloaded, resold, transferred for value, redeemed for cash or applied to any other account, except to the extent required by law. Unused balances in a Xtreme Games account may not be transferred. Service fees, including dormancy fees, do not apply to balances on Gift Certificates and Gift Certificates do not expire.

Risk of Loss

The risk of loss and title for Gift Certificates pass to the purchaser upon our electronic transmission to the purchaser, recipient or delivery to the carrier, whichever is applicable. We are not responsible for, and will not replace, a Gift Certificate that is lost, stolen, destroyed or used without your permission.

Payment

Purchase amounts that exceed the value of the Gift Certificate will require an additional payment for the balance due at the time of purchase.

Fraud

Xtreme Games reserves the right to close customer accounts and bill alternative forms of payment if it believes that a fraudulently obtained Gift Certificate is redeemed and/or used to make purchases with Xtreme Games.

Limitation of Liability

XTREME GAMES MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CERTIFICATES, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CERTIFICATE CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CERTIFICATE. 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, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Unavailability of Website

From time to time the website www.xtremegamesonline.com. may be inoperative and, when this happens, information regarding your Gift Certificate balance may not be accessible and the use of your Gift Certificate may not be possible. You agree that Xtreme Games is not responsible for any interruption of service to its website.

Disputes

Any dispute relating in any way to Xtreme Games Gift Certificates shall be adjudicated in any state or federal court serving Lake County, Illinois and you consent to exclusive jurisdiction and venue in such courts.

General Terms

Xtreme Games Gift Certificates are issued by Xtreme Games LLC., an Illinois corporation. When you purchase, receive or redeem an Xtreme Games Gift Certificate, you agree that the laws of the Commonwealth of Illinois, without regard to principles of conflict of laws, will govern the Gift Certificate and these Gift Certificate Terms and Conditions. Xtreme Games LLC reserves the right to change these Terms and Conditions without notice and from time to time in its discretion. All Terms and Conditions are applicable to the extent permitted by law. For questions, please contact Xtreme Games Customer Service at 224-788-9100 or sales@xtremegamesonline.com.