Welcome to Real Action Games online shop service. This service is provided to you subject
to the following conditions. If you visit or shop at Real Action Games,
you accept these conditions. Please read them carefully.
Please review our Privacy Notice for a clear description of our privacy policies
OF THIS AGREEMENT
This is an Agreement between you and all persons you represent (and for purposes
of this Agreement, "person" includes natural persons and any type
of incorporated or unincorporated entity) and Real Action Games regarding
your access to and use of Real Action Games realaction.com (or other
associated URLs) website and all content, information, products and services
available on or through the website (collectively, the "Website").
This Agreement also provides benefits to Real Action Games affiliates,
service providers, suppliers and other persons.
Each time you use
the Website you signify your acceptance and agreement, and the acceptance and
agreement of any person you purport to represent, to be bound by this Agreement
as it then reads, and you represent and warrant that you have the legal authority
to agree to and accept this Agreement on behalf of yourself and any person you
purport to represent. If you do not agree with each provision of this Agreement,
or you are not authorized to agree to and accept this Agreement on behalf of
the person you purport to represent, you may not access or use the Website.
The Website is for convenience and informational purposes only and is not intended
to convey advice or recommendations, or an offer to sell any product or service.
is in addition to any other agreement you may have with Real Action Games,
including a transaction agreement.
PERMISSION TO USE
You may use the Website only if you are a resident of Canada or the United States,
have reached the age of majority where you live and you can form legally binding
contracts under applicable law. You may not use the Website if you live in a
jurisdiction where access to or use of the Website or any part of it may be
illegal or prohibited. It is solely your responsibility to determine whether
your use of the Website is lawful, and you must comply with all applicable laws.
Real Action Games reserves the right to request proof of identification
and age (for example, proof of your ability to purchase certain games).
CHANGES TO THIS
Real Action Games may, in its sole discretion, change this Agreement
from time to time as it relates to future use of the Website, by posting a revised
Agreement on the Website. By using the Website after this revised Agreement
has been posted, you signify your acceptance and agreement to be bound by the
revised Agreement. You may not change this Agreement in any manner.
When you visit Real Action Games or send e-mails to us, you are communicating
with us electronically. You consent to receive communications from us electronically.
We will communicate with you by e-mail or by posting notices on this site. 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.
If you use this site, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer, and
you agree to accept responsibility for all activities that occur under your
account or password. Real Action Games reserves the right to refuse service,
terminate accounts, remove or edit content, or cancel orders in their sole discretion.
COMMUNICATIONS & OTHER CONTENT
Visitors may post reviews, comments, and other content; and submit suggestions,
ideas, comments, questions, or other information, so long as the content is
not illegal, obscene, threatening, defamatory, invasive of privacy, infringing
of intellectual property rights, or otherwise injurious to third parties or
objectionable and does not consist of or contain software viruses, political
campaigning, commercial solicitation, chain letters, mass mailings, or any form
of "spam." You may not use a false e-mail address, impersonate any
person or entity, or otherwise mislead as to the origin of content. Real Action Games reserves the right (but not the obligation) to remove or edit such
If you do post
content or submit material, and unless we indicate otherwise, you grant Real Action Games a nonexclusive, royalty-free, perpetual, irrevocable, and
fully sub-licensable right to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, and display such content throughout
the world in any media. You grant Real Action Games and its affiliates
and sublicensees the right to use the name that you submit in connection with
such content, if they choose. You represent and warrant that you own or otherwise
control all of the rights to the content that you post; that the content is
accurate; that use of the content you supply does not violate this policy and
will not cause injury to any person or entity; and that you will indemnify Real Action Games or its affiliates for all claims resulting from content you
supply. Real Action Games has the right but not the obligation to monitor
and edit or remove any activity or content. Real Action Games takes no
responsibility and assumes no liability for any content posted by you or any
OWNERSHIP AND PERMITTED
USE OF THE WEBSITE
The Website (including all content, page headers, custom graphics, button icons,
and scripts and the presentation, arrangement, coordination, enhancement and
selection of such and other information in text, graphical, video and audio
forms, images, icons, software, designs, applications, data, and other elements
available on or through the Website) is the property of Real Action Games
and others, and is protected by Canadian and international copyright, trademark
and other laws. Your use of the Website does not transfer to you any ownership
or other rights in the Website or its content. The Website is made available
to you for your lawful, personal use only. You may use the Website only in the
manner described expressly in this Agreement and subject to all applicable laws.
Using the Website for any other purpose or in any other manner is strictly prohibited.
You may print Website
pages provided that you do not modify any of the pages and you do not remove
or alter any visible or non-visible identification, marks, notices, or disclaimers.
The Website and its content may not be copied, imitated, reproduced, republished,
uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed
in any way, in whole or in part, without the express prior written consent of
Real Action Games. You may not sell or resell any part of the Website
or access to the Website. You may not use any of the software that is used in
the operation or provision of the Website except while you are using the Website
in accordance with this Agreement.
MISPRINTS AND ERRORS,
PRODUCT AVAILABILITY AND PRICES
Real Action Games endeavours to provide current and accurate information
on the Website. However, misprints, errors, inaccuracies, omissions (including
incorrect specifications for products) or other errors may sometimes occur.
Real Action Games cannot guarantee that products and services advertised
on the Website will be available when ordered or thereafter. Real Action Games does not warrant that the content of the Website including, without limitation,
product descriptions or photographs, is accurate or complete.
Real Action Games reserves the right to: (a) correct any error, inaccuracy or omission at
any time without prior notice or liability to you or any other person; (b) change
at any time the products and services advertised or made available for sale
on the Website, the prices, fees, charges and specifications of such products
and services, any promotional offers and any other Website content without any
notice or liability to you or any other person; (c) reject, correct, cancel
or terminate any order, including accepted orders for any reason and (d) limit
quantities available for sale or sold.
on the Website are invitations to you to make offers to purchase products and
services on the Website and are not offers to sell. All prices and other amounts
appearing on the Website are quoted in Canadian dollars.
realaction.com, ragames.com, realactiongames.com, rascgame.com,
the main Real Action Games logo, and other names and logos appearing on or in connection
with Website (the "Marks") are registered or unregistered trademarks,
service marks, tradenames and logos owned or licensed by Real Action Games or their respective owners or licensees.
Any use of the
Marks, except as expressly provided in this Agreement, is strictly prohibited.
Nothing appearing on the Website or elsewhere shall be construed as granting,
by implication, estoppel, or otherwise, any licence or right to use any of the
From time to time Real Action Games may make contests available to users
of the Website and others. All contests are governed by this Agreement and the
applicable Contest Rules. By participating in a contest through the Website,
you signify your agreement and acceptance of this Agreement and the applicable
EXCLUSIONS/LIMITATIONS AND INDEMNITY
YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS,
WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING
WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING
TO ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY,
PERFORMANCE OR DURABILITY, ALL OF WHICH ARE DISCLAIMED BY Real Action Games TO THE FULLEST EXTENT PERMITTED BY LAW.
Real Action Games AND ITS PROVIDERS WILL NEVER BE LIABLE TO YOU OR ANY
OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE
OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE
WEBSITE OR THIS AGREEMENT INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS,
MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL,
ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER
IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS
OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION
GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY Real Action Games OR ANY
PERSON FOR WHOM Real Action Games IS RESPONSIBLE, AND EVEN IF Real Action Games HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE
AND EXCLUSION BY STATUTE IN CERTAIN JURISDICTIONS
THE EXCLUSION OF CERTAIN WARRANTIES AND THE LIMITATION OF CERTAIN LIABILITIES
IS PROHIBITED IN SOME JURISDICTIONS. THESE STATUTORY PROHIBITIONS MAY APPLY
For your convenience, the Website may include links or references to other Internet
sites or resources and businesses operated by other persons (collectively "Other
Sites"). Other Sites are independent from Real Action Games, and
Real Action Games has no responsibility or liability for or control over
Other Sites, their business, goods, services, or content. Real Action Games does not sponsor or endorse Other Sites or their business, goods, services,
or content, unless expressly indicated in writing. Your use of Other Sites and
your dealings with the owners or operators of Other Sites is at your own risk,
and you will not make any claim against Real Action Games arising from,
connected with, or relating to your use of Other Sites or your dealings with
the owners or operators of Other Sites. As between you and Real Action Games, this Agreement, with all necessary modifications, applies to your access
and use of any Other Sites and their business, goods, services and content.
Notwithstanding any other provision of this Agreement, Real Action Games
may in its discretion change, discontinue, modify, restrict, suspend or terminate
the Website or any part of it without any notice or liability to you or any
other person. Real Action Games may in its discretion and for its convenience
at any time immediately terminate, temporarily or permanently, this Agreement
or your permission to access and use the Website without any notice or liability
to you or any other person.
If this Agreement or your permission to access or use all or any part of the
Website is terminated for any reason, then this Agreement and all other then
existing agreements between you and Real Action Games will continue to
apply and be binding upon you regarding your prior access to and use of the
Website, and anything connected with, relating to or arising therefrom.
GOVERNING LAW AND
This Agreement, your access to and use of the Website, and all related matters
are governed solely by the laws of Alberta, Canada and applicable federal laws
of Canada. Any dispute between you and Real Action Games or any other
person arising from, connected with or relating to the Website, this Agreement,
or any related matters (collectively "Disputes") will be resolved
before the Courts of Alberta, sitting in the City of Calgary, and you hereby
irrevocably submit and attorn to the original and exclusive jurisdiction of
those courts in respect of all Disputes.
If any provision of this Agreement is held to be invalid or unenforceable for
any reason, then the provision will be deemed to be severed from this Agreement
and the remaining provisions will continue in full force and effect . This Agreement
enures to the benefit of and is binding upon each of Real Action Games
and its successors, assigns and related persons, and you and your heirs, executors,
administrators, successors, permitted assigns and personal representatives.
You may not assign this Agreement or the rights and obligations under this Agreement.
Real Action Games may assign this Agreement and its rights and obligations
under this Agreement without your consent. No consent or waiver by any party
to or of any breach or default by any other party in its performance of its
obligations under this Agreement will be: (a) deemed or construed to be a consent
to or waiver of a continuing breach or default or any other breach or default
of those or any other obligations of that party; or (b) effective unless in
writing and signed by all parties.
The parties have
expressly requested and required that this Agreement and all other related documents
be drawn up in the English language. Les parties conviennent et exigent expressément
que ce Contrat et tous les documents qui sy rapportent soient rediges en anglais.
Any rights not
expressly granted by this Agreement are reserved to Real Action Games.
Thank you for visiting
Real Action Games. If you have any questions or concerns, please contact