Terms of Use - JDS Games

These Terms of Use govern your use of this site and the purchase of products from JDS Games, LLC and jds-games.com, and our live shows (hereafter referred to as "JDS Games", "WW3EndofDays" "Games by Gamers" or the "Platforms") and the use of our services such as our call center.  PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT LIMITATIONS OF LIABILITY, RESOLUTION OF DISPUTES THROUGH ARBITRATION AND CLASS ACTION WAIVERS.

By accessing or using the Platforms, purchasing JDS Games products, or using our services you agree that the Terms of Use then in force shall apply, including without limitation the binding arbitration, waiver of jury trial and waiver of class action provisions more fully detailed in the Disputes section below.  Your use of the Platforms also constitutes your agreement to follow and be bound by the terms of the JDS Games Privacy Policy.  If you do not agree to the Terms of Use, please do not us the JDS Games Platforms, our services or purchase products through the Platforms.

Use of our Platforms, JDS Games License to You to use jds-games.com, ww3endofdays.org, ww3endofdays.com

JDS Games LLC, grant you permission to view and use the Platforms and to print individual pages from an Platform for your personal, non-commercial use. 

The contents of our Platforms are intended solely for personal, non-commercial (other than purchases of products made through the Platforms) use by visitors. This is a license, not a transfer of title, and is subject to the following restrictions: you may not (a) modify, reproduce, distribute, transmit, republish, display the content of the Platforms for any commercial purpose; (b) decompile, reverse engineer or disassemble software materials; (c) remove any copyright notice or other proprietary notices from the content of the Platforms; (d) transfer the content of the Platforms to another person or (e) allow anyone else to copy any portion of the content of the Platforms. As a condition to your use of the Platforms, you represent and warrant to JDS Games that you will not use the Platforms, or any of the content of the Platforms, for any immoral or unlawful purposes or any purposes prohibited by these Terms of Use. Materials provided on the Platforms are provided as a service to JDS Games customers to be used for informational purposes only. JDS Games makes no representations about the suitability of such materials for any purpose.

Changes to the Platforms, Terms of Use and Privacy Policy

JDS Games is consistently working to improve your online experience on the Platforms; consequently, JDS Games reserves the right to change, move or delete portions of, or add to, the Platforms from time to time without notice to you. JDS Games also reserves the right to change these Terms of Use or the terms of the JDS Games Privacy Policy without providing you with prior notice of such changes. Your use of the Platforms following any such changes constitutes your agreement to follow and to be bound by such terms as changed. For that reason, JDS Games recommends that you read these Terms of Use each time you visit the Platforms. Updates to these Terms of Use will be noted by the date marker at the beginning of this document.

Product Information and Ordering from the Platforms

Unless indicated otherwise, most products featured on the Platforms will be available on Live shows while supplies last. Not every item in a JDS Games Live show is offered for sale on the Platforms and not every item for sale on the Platforms is available in a JDS Games show. The prices displayed on our Platforms are quoted in U.S. dollars and are valid and effective only in the United States. When ordering from the Platforms, please follow all ordering instructions carefully.

Prices may vary across JDS Games-affiliated channels (i.e., Live shows, events, jds-games.com and other venues. It is our goal to display the most accurate prices possible; however, if you notice an inconsistency, please consult jdsgames.com and send an email to the webmaster.

JDS Games has made a conscientious effort to display its products on the Platforms accurately so that you can get a good idea of the color, design, texture, sizes, look and configuration of the product featured. However, the detail and accuracy of the image of products that you see as a visitor to the Platforms will depend on a number of things, including your computer equipment, Internet connections, Browsers and other software and hardware. Consequently, JDS Games cannot and does not guarantee that the product images available to you on its website are accurate in every detail.

Purchasing from the Platforms

Most of the products featured on the Platforms can be purchased by you online. When ordering, please follow the instructions carefully. If you ever have a question about any order you have made from the Platforms please contact JDS Games by email under "Contact Us" on our Contact page.

JDS Games will send you a confirmation email of any order you place on the Platforms; however, your receipt of an electronic or other form of order confirmation does not necessarily signify JDS Games acceptance of your order, nor does it constitute confirmation of JDS Games offer to sell. JDS Games reserves the right at any time after receipt of your order to accept or decline your order for any reason. JDS Games reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. JDS Games may require additional verifications or information before accepting your order. JDS Games is a seller to end user customers and does not accept orders from exporters, or wholesalers.

JDS Games will automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the following states:  TX (Texas).  Each customer will be solely responsible for all sales taxes, use taxes or other taxes on orders shipped to any other state.

JDS Games LLC Owns the Contents of the Platforms

Disclaimer. Users assume all responsibility and risk for the use of the Platforms and the Internet generally. All information and materials provided on the Platforms are provided "as is," without any express or implied warranty or representation of any kind, including, without limitation, warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property. You acknowledge, by your use of the Platforms, that your use is solely at your own risk. In no event will JDS Games be liable for any damages whatsoever (including, without limitation, any special, indirect or consequential damages or damages resulting from loss of use of data, or profits, or business interruption) arising out of the use of or inability to use the content of the Platforms or any website linked thereto, even if JDS Games has been advised of the possibility of such damages.  JDS Games does not warrant the accuracy or completeness of the information, text, graphics, links, and other items contained on the Platforms. This disclaimer does not apply to any product warranty offered by the manufacturer of the item. Warranty information regarding any products offered for sale on the Platforms is available through the vendor/manufacturer that made the product. Please contact the vendor/manufacturer for any questions or concerns.

Limitation of Liability. In no event will JDS Games, or any of our employees, directors, officers, or agents be liable to any party for any general, direct, indirect, incidental, special, consequential, exemplary or punitive damages for use of the Platforms including, without limitation, lost profits or revenues, costs of replacement, business interruptions, loss of data or damages resulting from, arising out of, or in any way connected with the use of or inability to use the Platforms or reliance on the content in the Platforms. This limitation of liability applies to all claims based in law, equity, contract, negligence, strict liability, tort, or otherwise.

Some jurisdictions do not allow the exclusion of certain damages, so the above may not apply to you. If any authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law.

Indemnification by You

By using the Platforms, you agree to indemnify, defend, and hold JDS Games harmless from and against any and all claims, damages and costs, including reasonable attorneys' fees and related expenses, arising from your use of the Platforms or the material provided therein and any breach by you of these Terms of Use.

Dispute Resolution and Arbitration; Class Action Waiver

PLEASE READ THE FOLLOWING SECTIONS CAREFULLY. THEY AFFECT YOUR LEGAL RIGHTS.  JDS Games is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. JDS Games Customer Service Representatives are ready to assist you and address your concerns. Please email support@jds-games.com. In the event that our customer service team is unable to resolve your concern, you may pursue disputes as detailed in the sections below.

A. Pre-Arbitration Claim Resolution - For all disputes, you must first give JDS Games an opportunity to resolve the dispute by emailing or writing us at support@jdsgames.com.  Attn: General Counsel, and providing the following information: (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If we do not resolve the dispute within 45 days after receiving your notification, then you may pursue your dispute in arbitration. You may pursue your dispute in a court only under the circumstances described below.

B. Arbitration Agreement, Class Action Waiver, Punitive Damages Waiver - Any claim between you and JDS Games arising under these Terms of Use, if unresolved through informal pre-arbitration discussions, will be resolved by binding arbitration. To the extent allowed by applicable law, you agree that you will bring any claim within two (2) years from the date on which such claim or action arose or accrued or it will be irrevocably waived. This provision is applicable in all states to the extent allowed by applicable law. You and JDS Games further agree that any dispute, whether at law or equity, arising out of or relating in any way to these Terms of Use, your use of or access to the Platforms (other than unauthorized use), or to any products or services sold or distributed by JDS Games, whether in-store, over the phone, or online, including, but not limited to, the advertising of, or sales practices and pricing relating to, products, services, delivery, and any communication, by whatever means, between you and JDS Games, shall be resolved in its entirety by individual (not classwide or collective) binding arbitration. Disputes and claims that are within the scope of a small claims court’s authority and claims related to intellectual property, patents, copyrights, moral rights, trademarks and claims of piracy or unauthorized use of our Platforms or services are exempt from this dispute resolution provision, so long as they are brought on an individual basis and not by way of a class or collective action.

You and JDS Games agree that any arbitration under this agreement will take place on an individual basis and that class, mass, consolidated or combined actions or arbitrations or proceedings as a private attorney general are not permitted.

YOU AND JDS GAMES, LLC AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY. YOU UNDERSTAND AND AGREE THAT BY ACCEPTING THESE TERMS OF USE, YOU AND JDS-GAMES, LLC ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR A TRIAL BEFORE A JUDGE IN A PUBLIC COURT. In the absence of this provision, you and JDS Games might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Other rights that you would have if you went to court (e.g., the rights to both appeal and certain types of discovery) may be limited or may be waived.

 This agreement to arbitrate extends to claims that you assert against other parties, including, without limit, claims against JDS Games affiliates and related entities.

 The agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.

 This agreement to arbitrate shall survive termination of these Terms of Use and the termination of your account with JDS Games or your discontinued use of the Platforms. Notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable. If any part of this agreement to arbitrate is deemed invalid or inapplicable, you and JDS Games both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basis.

C. Arbitration Procedures - If any dispute between you and JDS Games is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or JDS Games may initiate arbitration proceedings. The arbitration will be administered by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. To begin an arbitration proceeding, you must send a demand to the AAA describing your claim and serve a copy of the demand on JDS Games registered agent for service of process. The AAA’s rules and the form for filing an arbitration claim are available at https://www.adr.org or by calling 1-800-778-7879.

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Judgment on the award rendered by the arbitrator, if any, may be entered in any court having jurisdiction thereof. The arbitrator will be mutually agreed to by you and JDS Games.

Miscellaneous Provisions

The Platforms are controlled and operated by JDS Games from its offices in the United States. The Federal Arbitration Act and applicable federal law (or, in the absence of applicable federal law, then the laws of the State of Texas), without regard to any conflict of law provisions, will govern these Terms of Use and any disputes or claims between you and JDS Games. In any circumstances where the agreement to arbitrate permits the parties to litigate a dispute in court, any such dispute shall be resolved exclusively by, and you hereby agree to the exclusive jurisdiction of, the state and federal courts in the State of Texas.