Terms of Service
Use of the Website.
We give you permission to access and use the Site for your personal use, and to copy, distribute, and transmit the content of this Site only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the Site for your personal use. No mechanized or other systematic process for harvesting information from this Site for any purpose, including without limitation, any commercial purpose, is permitted. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited, unless authorized in writing. You further agree not to change or delete any proprietary notices from materials downloaded from this Site. You may print a copy of the information displayed on this Site for your personal use. That means, that except as set forth above, you may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information obtained by your use of this Site. This restriction means, among other things, that you may not mirror on your own website any portion of this Site or display through your own website any results pages or other information from this Site without express written permission. For the avoidance of doubt, you acknowledge and agree that your access to and use of the Site does not give you any right to use the name, likeness, image, signature, biographical information or any other rights of publicity or intellectual property of our celebrity spokespersons found on the Site. We reserve the right to change any information, features and functions of the Site without prior notice. We may deny you access to all or part of the Site without prior notice if you engage in any conduct or activities that we determine, in our sole discretion, violate this Agreement, our rights or the rights of any third party. We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms and Loot Crate™ has no obligation to investigate the authorization or source of any such access or use of the Site. You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to your whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Loot Crate™ of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security. You may receive emails regarding your account or promotions for special offers, including third party offers.
Children & Data Collection.
This Site is not targeted towards individuals who have not reached their age of majority for your geographical area. The age of which an individual is no longer considered a minor varies from country to country. If you are unsure what the age of majority is for your country, please check with an adult to find out if you may still be considered a minor. Loot Crate understands that a minor may still try to contact Loot Crate and in so doing may voluntarily provide Loot Crate with personal information. If you are a minor under the age of majority, PLEASE DO NOT submit any personal information about yourself on this Site WITHOUT GETTING PERMISSION FROM YOUR PARENT(S) OR GUARDIAN(S) FIRST. Children's privacy is very important to Loot Crate. Loot Crate adheres to the United States Children's Online Privacy Protection Act ("COPPA"), a United States Federal Law. The Federal Trade Commission ("FTC") has the authority to issue regulations and enforce COPPA, which applies to websites and online services operated for commercial purposes that are directed at, and are collecting personal information form, children under thirteen (13) years of age. COPPA explains what a website operator must include in its Privacy Statement and what responsibilities a website operator has to protect children's privacy and safety online, including restrictions on marketing to those under thirteen (13) years of age. It also requires that the operator inform parents and/or legal guardians how the personal information is collected, used and disclosed from children under thirty (13) years of age, as well as how to obtain verifiable consent from a parent/guardian in order for children to use certain features of a website. Loot Crate will not knowingly allow anyone under thirteen (13) years of age to provide us with any personal information about themselves (such as their name, email address and phone number) over the Internet. If a child has provided Loot Crate with personal information without the consent of a parent or guardian, we ask the parent/guardian of that child to contact Loot Crate's Customer Support team immediately at firstname.lastname@example.org. Loot Crate will use all reasonable efforts to promptly delete the child's personal information from our servers.
Registration and Membership.
Monthly crates for Sports Crate™ subscriptions and other subscription crates offered from time to time are shipped to your address at the address you provided. You may receive emails regarding your account or promotions for special offers, including third party offers. You can cancel your membership anytime without charge by contacting Customer Support. Please refer to the Help Center for further details.
Billing and Payments.
Refunds for returns will be limited to the product price only and will not include shipping and handling costs incurred at the time of purchase.
Your Subscription Contract.
BY PURCHASING ANY SUBSCRIPTION, YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION HAS AN INITIAL AND RECURRING PAYMENT FEATURE AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO CANCELLATION. YOUR SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE PERIODS, AT THE THEN-CURRENT SUBSCRIPTION RATE. TO CANCEL YOUR SUBSCRIPTION AT ANY TIME, YOU MUST DO ONE OF THE FOLLOWING AT LEAST 48 HOURS PRIOR TO YOUR NEXT SCHEDULED RENEWAL DATE TO AVOID CHARGE: UPDATE YOUR USER ACCOUNT AT SPORTSCRATE.COM OR EMAIL SUPPORT AT WELOVEYOU@SPORTSCRATE.COM. ALL SUBSCRIPTIONS IN THE CASE OF SPORTS CRATE WILL AUTOMATICALLY HAVE THEIR RENEWAL DATE MOVED TO THE 19TH OF THE FOLLOWING SUBSCRIPTION PERIOD. IF YOU CANCEL, YOU MAY USE YOUR SUBSCRIPTION UNTIL THE END OF YOUR THEN-CURRENT SUBSCRIPTION TERM. LOOT CRATE™ MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD WITHIN THE 48-HOUR NOTICE REQUIREMENT. IF YOU CANCEL YOUR SUBSCRIPTION, YOU WILL NOT BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD. WE RESERVE THE RIGHT TO REVOKE YOUR SUBSCRIPTION AT ANY TIME. RETURNS WITH THE REQUEST OF A REFUND WILL BE REFUNDED THE PAID FOR SUBSCRIPTION COST MINUS THE SHIPPING AND IS AT THE DISCRETION OF CUSTOMER SUPPORT. MEMBERSHIP IS VOID WHERE PROHIBITED BY LAW.
Product Information; Limitation on Quantities.
Excluding any content which may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available.
Risk of Loss.
Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss or damage for such merchandise will pass to you upon our delivery to the carrier. All missing or damaged shipments or items must be reported within 30 days of shipping to qualify for a replacement or refund based on product availability. If the product is available, a replacement will be shipped and a refund will not be issued or considered. Damaged items must be reported and include a photo in the ticket submission. Damaged items will be reviewed by the support agent and a replacement will be issued only for damaged products and does not cover or include packaging of said item. Blemishes to packaging will not be considered as part of a damaged item. All refunds will be at the discretion of customer support.
The technology underlying, and the entire content included in, the Site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Loot Crate™ and is protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to Loot Crate™. Copyright 2012, 2013, 2014, 2015 Loot Crate. All rights reserved. We do not investigate to determine if such works are accurate nor can we provide assurance that all such works are free of typographical errors. We cannot guarantee information displayed on this Site to be 100% accurate.
All trademarks, service marks, and trade names of Loot Crate™ on the Site are trademarks or registered trademarks of Loot Crate™, or of their respective owners.
User Generated Content.
By sharing, submitting and uploading any of your data including but not limited to photographs, images, video, music, art, or comments, you grant Loot Crate™ a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, prepare derivative works of, display and perform your user data in any legal manner for the benefit of Loot Crate™. You acknowledge and agree that you are solely responsible for all the user data that you make available through Loot Crate™. Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents and releases necessary to grant Loot Crate™ the required rights to disseminate any user data, (2) neither your data nor your posting, uploading, publication, submission or transmittal of this data or Loot Crate™ use of your uploaded data (or any portion thereof) on, through or by the means of Loot Crate™ will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.
Except as otherwise specifically provided, the site and the products offered on the site are provided on as "as is" and "as available" basis without warranties or any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Loot Crate™ disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Loot Crate™ does not represent or warrant that the functions contained on the site will be uninterrupted or error-free, that the defects will be corrected, or that the site or the server that makes the site available are free or viruses or other harmful components. Loot Crate™ does not make any warrantees or representations regarding the use of the materials on the site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Applicable Law may not allow limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability.
Neither Loot Crate™ nor its celebrity spokespersons shall be liable for any indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the site or materials on or provided through the site, even if Loot Crate™ has been advised of the possibility of such damages. In no event will Loot Crate's™ liability to you exceed the amounts that you paid to Loot Crate™ in connection with your Loot Crate™ membership. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Loot Crate™ shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Loot Crate™ shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Loot Crate™ shall immediately issue a credit to your credit card account in the amount of the charge. Loot Crate™ has no liability for injury or damage caused by products within the crate. Such liability is the sole responsibility of the product brand or manufacturer. These Terms are applicable to you upon your accessing the Site. These Terms, or any part of them, may be modified or terminated by Loot Crate™ without notice at any time, for any reason. Loot Crate™ reserves the right to limit discount codes to one per customer in its sole discretion. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous, shall in all events survive any termination of these Terms and your use of the Site.
Arbitration Agreement and Class Action Waiver.