Immunitarium
Terms & Conditions
Effective Date: 23 Avril 2023
Welcome to Immunitarium.com. This website is owned and operated by Excelior Lab LLC, located in Bethesda, Maryland, USA. These Terms set forth the terms and conditions (“Agreement”) under which you may use our website, products, and services as offered by us. This Agreement takes effect as soon as you indicate your acceptance of these terms.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
IF YOU ARE UNDER THE AGE OF 18 (OR THE AGE OF MAJORITY WHERE YOU LIVE), YOU MUST ASK YOUR PARENTS OR LEGAL GUARDIAN TO READ AND ACCEPT THESE TERMS ON YOUR BEHALF.
1. Website purpose and Description of Products and Services
This website offers visitors a range of products and services including physical versions of board games and online game subscription plans. By accessing or using this website to purchase our products and/or our services, you approve that you have read, understood, and agreed to be bound by these Terms. Additional terms and requirements may apply.
2. Terms of Use
To use our website and/or receive our products and services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. If not, you represent and warrant that you have reviewed these Terms with your parents or legal guardian and that he or she has agreed to be bound by these Terms. You are not allowed to use this website and/or receive our products and services if doing so is prohibited in your country or under any law or regulation applicable to you.
3. Commercial Terms and Pricing
When buying an item on Immunitarium.com, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it; (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
The prices we charge for our products and for using our services are listed on this website. We reserve the right to change our prices for products and services displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payment page. The product prices may vary by country. The same products may be listed for a different price by third-party retailers.
The fee for the Immunitarium Account services and any other charges you may incur in connection with your use of the services, such as taxes and possible transaction fees, will be charged on a monthly basis to your payment method. Please refer to Section 5 for details.
4. Ordering and Payments
We may make various payment processing methods available to you for your purchases through the Immunitarium webiste. You are responsible for complying with any applicable terms and conditions, whether with Excelior Lab LLC or a third-party provider, which apply to the use of your selected payment processing method. Excelior Lab LLC may add, remove, or change payment processing methods without notice.
For each purchase, you represent that you are authorized to use the form of payment provided to Excelior Lab LLC and that any payment information that you provide is accurate.
When you place an order through the Immunitarium website, you authorize Excelior Lab LLC to charge your selected payment card or method in the total amount of your order (including any applicable taxes). From time to time, we may receive updated information from your issuing bank or applicable payment service provider about any payment card or method you have stored in your Immunitarium Account (or, in the case of an existing Subscription, the payment card or method you provided to us at the time you signed up for such Subscription), and you hereby authorize Excelior Lab LLC to use such updated information to charge (or, in the case of an existing Subscription, to continue to charge) such payment card or method. Applicable tax will be calculated and applied at the time of purchase.
The total amount due for payments submitted with a non-US credit card may depend upon applicable foreign exchange rates, taxes, and fees applied by your bank or your credit card issuer. You are solely responsible for all fees and taxes associated with all purchases that you make through the Immunitarium website.
Except as authorized by Excelior Lab LLC or as required by applicable law, all payments that you make through the Immunitarium website (including pre-purchases and Subscription payments) are final and non-refundable, and Products may not be returned or exchanged, except in accordance with Excelior Lab LLC’s Return & Refund policy. Please refer to Section 7 for details.
Excelior Lab LLC reserves the right to reject your order for any reason.
5. Subscriptions
A) Definitions
"Immunitarium Account" means the account created by a person that is used in connection with the Immunitarium Account Services provided by Excelior Lab LLC.
"Immunitarium Account Service(s)" means the services, applications, software, content, and data we make available to you through your Immunitarium Account, including, for example, the online Immunization game, and add-on content.
B) Overview
If you purchase an Online Immunization Game Subscription Plan (a “Subscription”) made available by Excelior Lab LLC, the terms included in this Section also apply to you.
As part of your Subscription, you may obtain access to certain services, software and content available to subscribers (the “Features”). These Features are licensed, not sold, to you pursuant to the limited license in Section 5E of these Terms. Your license to use these Features will expire at the end of your Subscription term, or immediately terminate if you violate these Terms.
Subscriptions are tied to your Immunitarium Account and are non-transferable. Subscriptions may not be available in all territories.
C) Automatic Renewals and Payments
UPON THE PURCHASE OF A SUBSCRIPTION PLAN, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF THE CURRENT SUBSCRIPTION TERM FOR SUCCESSIVE PERIODS MATCHING THE AUTOMATIC RENEWAL TERM AT THE THEN-CURRENT PRICE, PLUS APPLICABLE TAXES (“SUBSCRIPTION AMOUNT”), AND THE SUBSCRIPTION AMOUNT WILL BE CHARGED TO THE PAYMENT METHOD YOU PROVIDED AT THE TIME YOU SIGNED UP FOR A SUBSCRIPTION, NO SOONER THAN 48 HOURS BEFORE YOUR SUBSCRIPTION IS SET TO EXPIRE, UNLESS AND UNTIL YOU TURN OFF AUTOMATIC RENEWAL. Your Subscription may be terminated by Excelior Lab LLC if no Payment Method has been set for automatic renewal on the date a payment is due or if payment is unsuccessful for any other reason.
YOU CAN TURN OFF AUTOMATIC RENEWAL AT ANY TIME UP TO 48 HOURS BEFORE THE END OF THE THEN-CURRENT PERIOD TO AVOID THE RENEWAL OF YOUR SUBSCRIPTION AND BILLING OF THE SUBSCRIPTION AMOUNT. When you turn off automatic renewal, your Subscription will remain active until the end of its term, and you will not receive any refunds or credits for the remaining time left on your Subscription.
D) Additional Terms
We reserve the right to adjust Subscription pricing, and to change, suspend, or discontinue any Subscriptions, including any Free Trial and any Features, at any time in our sole discretion. Any price changes or other material changes to the Subscriptions or the Features will be communicated to you. Your continued use of the Subscriptions following notification of any modifications or changes constitutes acceptance of those changes. We may also impose limits on certain Features or restrict your access to parts or all of your Subscriptions without notice or liability.
We strive to keep the Immunitarium Account Services up and running; however, all online services suffer occasional disruptions and outages. In the event of an outage, you may not be able to access the Immunitarium Account Services. In addition, you acknowledge that certain components of the Immunitarium Account Services require an internet connection, and the performance of these components may depend upon the quality and stability of your internet connection.
TO THE EXTENT PERMITTED BY LAW AND WITHOUT LIMITING SECTION 13, EXCELIOR LAB LLC DOES NOT MAKE ANY GUARANTEE OR WARRANTY WITH RESPECT TO THE AVAILABILITY OR PERFORMANCE OF THE IMMUNITARIUM ACCOUNT SERVICES OR ANY CONTENT YOU MAY STORE OR ACCESS THROUGH THE IMMUNITARIUM ACCOUNT SERVICES, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCELIOR LAB LLC SPECIFICALLY DISCLAIMS ANY GUARANTEE OR WARRANTY THAT THE IMMUNITARIUM ACCOUNT SERVICES OR ANY CONTENT YOU MAY STORE OR ACCESS THROUGH THE IMMUNITARIUM ACCOUNT SERVICES WILL NOT BE SUBJECT TO DISRUPTION, DAMAGE, CORRUPTION, LOSS, OR REMOVAL (A “SERVICE INTERRUPTION"). EXCELIOR LAB LLC SHALL NOT BE RESPONSIBLE SHOULD ANY SUCH SERVICE INTERRUPTION OCCUR, AND YOU AGREE THAT IN NO EVENT WILL YOU BE ENTITLED TO OR RECEIVE A REFUND, CREDIT OR ANY OTHER COMPENSATION FOR ANY CONTENT OR PORTION OF THE IMMUNITARIUM ACCOUNT SERVICES THAT YOU ARE NOT ABLE TO USE OR HAVE DIFFICULTY USING, IN WHOLE OR IN PART, DUE TO ANY SERVICE INTERRUPTION.
E) License
Subject to the Subscription terms, Excelior Lab LLC grants you a non-exclusive, non-transferable, revocable license to use the Immunitarium Account Services solely for your personal and non-commercial use. You are not allowed to lease, rent, sublicense, publish, copy, modify, adapt, translate, reverse engineer, decompile or disassemble all or any portion of the Immunitarium Account Services without Excelior Lab LLC's written consent, or unless otherwise expressly permitted by applicable law.
6. Risk of Loss
Risk of loss or damage for physical Products will transfer to you upon delivery of the Product by the shipping carrier.
7. Return and refund policy
For any undamaged Product purchased directly from the Immunitarium website, simply return it with its included accessories and packaging along with the original receipt (or gift receipt) within 14 days of the date you receive the Product, and we will exchange it or offer a refund based upon the original payment method. In addition, please note the following: (i) Products can be returned only in the country in which they were originally purchased; and (ii) Excelior Lab LLC will not refund the cost of shipping unless the return is a result of Excelior Lab LLC providing a Product that is damaged, defective, or different than the Product you ordered.
Excelior Lab LLC will not accept returns or exchanges for the following items:
a) Any items that are returned after 14 days from the delivery date.
b) Any items that have been opened, unsealed, or had tags removed.
c) Any item that is not in its original condition, is damaged, shows signs of use or has missing parts.
d) Any items that were not purchased directly from the Immunitarium website.
e) Any digital item including Subscriptions. Please refer to the Section 5 for details.
To return an item for a refund or exchange, please contact us at the following email address: info@immunitarium.com
Provide in your email a detailed explanation of the issue and whether you are requesting a refund or exchange. Be sure to include your name, postal address, phone number, email address, and your original order number.
Credits for properly returned items will be applied to the payment method that was used for the order. If a credit card payment was used, the credit will be applied to the same credit card number that was used for the original order. Credits should appear within two billing cycles.
Excelior Lab LLC reserves the right to limit or decline refunds or exchanges.
8. Warranties & responsibility for Services and Products
USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND. EXCELIOR LAB LLC DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
When we receive a valid warranty claim for a Product purchased from us, we will either repair the relevant defect or replace the Product. If we are unable to repair or replace the Product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the Product to us. While the customer will be responsible for the return shipment of the Product to us (including the shipment fees), we will pay for the shipment of the repaired or replaced Product to the customer.
9. Ownership of intellectual property, copyrights and logos
The Products and Services, and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, inventions, patents, trade secrets, registered and unregistered trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Excelior Lab LLC. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
10. Retention of right to change offering
We may, without prior notice, change the Products and Services; stop providing the Services or any Features of the Services we offer; or create limits for the Services. We may permanently or temporarily terminate or suspend access to the Services without notice and liability for any reason, or for no reason.
11. Right to suspend or cancel user account
We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any Services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed Subscriptions to paid services, such Subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.
12. Indemnification
You agree to indemnify and hold Excelior Lab LLC, and their officers, employees, and agents harmless from and against any and all actions, claims, demands, losses, liabilities, costs, damages, and expenses (including attorneys’ fees), made against us by you or any third party due to, or arising out of, or in connection with your use of the Immunitarium website or any of the Services and Products offered on our Immunitarium website.
13. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EXCELIOR LAB LLC, BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE IMMUNITARIUM SERVICES AND PRODUCTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCELIOR LAB LLC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES AND PRODUCTS; AND (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN.
14. Right to change and modify Terms
We reserve the right to modify these Terms from time to time at our sole discretion. Therefore, you should review these pages periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our Services after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these Terms or any future version of the Terms, do not use or access (or continue to access) our website or our Services and Products.
15. Promotional emails and content
You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time by sending an email at info@immunitarium.com.
16. Dispute resolution
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Services and Products, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of Maryland, U.S.A., without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Montgomery county, Maryland, U.S.A. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
17. Severability
If any part of this Agreement is determined to be unlawful, void or for any reason unenforceable, then that part will be severed from this Agreement and the remainder of the Terms will remain intact. Without limiting the previous sentence, if the law in your jurisdiction limits the applicability to you of any provision of these Terms, such provision shall remain applicable to you to the fullest extent permitted by applicable law. If we do not enforce any provision of these Terms, that will not be considered a waiver of our rights. Any waiver of these Terms must be in a written document signed by an authorized representative of Excelior Lab LLC.
18. Customer support & Contact information
If you wish to contact Excelior Lab LLC concerning the Immunitarium Account Services and Products, you may send an email at info@immunitarium.com.