Terms & Conditions for usage of the Supercell Shop
Terms and conditions (the “Terms”) govern your access to and use of the Supercell Shop websites and mobile applications (“Site”) which is managed by Brand Access, LLC, the merchant of record for the Site. By accessing or using the Site, you are agreeing to these Terms and entering into a legally binding contract with Brand Access, LLC. It is important that you read carefully and understand the Terms. Do not access or use the Site if you are unwilling or unable to be bound by the Terms.
Any references to “you” and “your” refer to you, as a user of the Site. References to “we”, “us” and “our” refer to Brand Access, LLC.
We may modify the Terms from time to time. When changes are made, we will notify you by making the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. All material modifications will apply prospectively only. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Site after any posted modification to the Terms indicates your acceptance of the modification.
The following rules, policies, and disclaimers shall apply to and/or govern your use of the Site (including, without limitation, any bulletin boards, chat rooms, or other online services provided on this Site). We do not review every message or confirm the accuracy or validity of information posted. We do not actively monitor the contents of the postings and are not responsible for the content of any postings. We do not vouch for or warrant the validity, accuracy, completeness, or usefulness of any message or information posted. The contents of the postings do not represent the views of Brand Access, LLC, Supercell, or any person or entity associated with Brand Access, LLC. If you feel that any posting is objectionable, we encourage you to contact us by email. We will make every effort to remove objectionable content if we deem removal to be warranted. Please understand that removal or editing of any posting is a manual process and might not occur immediately.
The Site may include links to other websites or applications (each, a “Third Party Site”). Unless otherwise noted, Brand Access, LLC and Supercell do not operate, control or endorse any information, products, or services on any Third Party Site. You agree that we are not responsible for the availability or contents of any Third Party Sites and that your use of any Third Party Site is at your own risk.
You agree to indemnify, defend and hold harmless Brand Access, LLC, Supercell and their affiliated companies, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including but not limited to reasonable attorneys’ fees, resulting from (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) your use of any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Brand Access, LLC reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF BRAND ACCESS, LLC, SUPERCELL AND THEIR SUBSIDIARIES, AFFILIATES, AND LICENSORS. EACH OF THESE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
Although this Site is accessible worldwide, not all products or services discussed or referenced on this Site are available to all persons or in all geographic locations. Brand Access, LLC reserve the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any product or service made in this Site is void where prohibited.
Please refer to the Terms and Conditions of Sale for http://shop.supercell.com, http://cn-shop.supercell.com and associated websites, which is linked from every page of the Site, at: http://shop.supercell.com/tcsale.
These Terms shall be governed by, and construed in accordance with, the laws of the State of California, exclusive of its choice of law rules. Each party submits to the exclusive jurisdiction of the state and federal courts sitting in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. Each party further agrees as follows: (i) any claim brought to enforce these Terms must be commenced within two (2) years of the cause of action accruing; (ii) no recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorney’s fees; and (iii) any claim must be brought individually and not consolidated as part of a group or class action complaint.
The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
The Digital Millennium Copyright Act (DMCA) provides a mechanism for notifying service providers of claims of unauthorized use of copyrighted materials. Under the DMCA, a claim must be sent to the service provider’s Designated Agent. If you believe in good faith that Brand Access, LLC should be notified of a possible online copyright infringement involving any Brand Access, LLC Site, please notify Brand Access, LLC’s Designated Agent at Support@supercellstore.com . Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them (see 17 U.S.C. Sec. 512(c)(3)) before sending your notice of claim.
Brand Access, LLC
900 High Street
Palo Alto, CA 94301
Brand Access, LLC Federal Tax ID: 81-2601260