Legal Stuff

Protecting your Private Information is our Priority

This Privacy Statement applies to Games & Theory and Old Man Umby and governs data collection and usage. For this Privacy Policy, unless otherwise noted, all references include the following websites: games-n-theory.com, gamesntheory.com, oldmanumby.com, and the corresponding top-level domains and associated sub-domains of the same names.

The Games & Theory website is an e-commerce site. Using the Games & Theory website, you consent to the data practices described in this statement.

Collection of your Personal Information

To better provide you with products and services offered, Games & Theory may collect personally identifiable information, such as your:

• First and Last Name
• Mailing Address
• Email Address
• Phone Number

If you purchase Games & Theory's products and services, we collect billing and credit card information to complete the purchase transaction. However, it is essential to note that we do not save any financial data on our websites. Games & Theory may also collect anonymous demographic information, which is not unique to you, such as your:

• Age
• Gender
• Race

Please keep in mind that if you directly disclose personally identifiable information or sensitive data through our public message boards, others may collect and use this information.

We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services; these may include: (a) registering for an account; (b) entering sweepstakes or contests sponsored by one of our partners or us; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services. To wit, we will use your information for, but not limited to, communicating with you concerning services and products you have requested from us. We also may gather additional personal or non-personal information in the future.

Use of your Personal Information

Games & Theory collects and uses your personal information to operate and deliver your requested services.

Games & Theory may also use your personally identifiable information to inform you of other products or services available from Games & Theory and its affiliates.

Sharing Information with Third Parties

Games & Theory does not sell, rent or lease its customer lists to third parties.
Games & Theory may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange deliveries. All such third parties may not use your personal information except to provide these services to Games & Theory, and they are required to maintain the confidentiality of your data. Games & Theory may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Games & Theory or the Site; (b) protect and defend the rights or property of Games & Theory; and (c) act under exigent circumstances to protect the personal safety of users of Games & Theory, or the public.

Tracking User Behavior

Games & Theory may keep track of the pages our users visit to determine what services and products are the most popular; this data helps us deliver relevant content to customers.

Automatically Collected Information

Games & Theory may collect information about your computer's hardware and software. This data can include your IP address, browser type, domain names, access times, and referring website addresses. This data collection will help maintain the quality of services and provide statistics on the use of our websites.

Use of Cookies

The Games & Theory website may use "cookies" to help personalize your online experience. A cookie is a text file placed on your hard disk by a server but cannot run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and utilized by a server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Games & Theory pages or register with our sites or services, a cookie helps Games & Theory to recall your specific information on subsequent visits. This data simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Games & Theory website, such data can be retrieved to customize the features you use the most.

You can accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not fully experience the interactive features of the Games & Theory services or websites you visit.

Use of Links

This website contains links to other sites. Please be aware that we are not responsible for other sites' content or privacy practices. We encourage our users to be aware when they leave our Site and to read the privacy statements of any other site that collects personally identifiable information. Security of your

Personal Information

Games & Theory secures your personal information from unauthorized access, use, or disclosure. Games & Theory uses the following methods for this purpose:

SSL Protocol

If we send personal information (such as a credit card number) to other websites, we use encryption, such as the Secure Sockets Layer (SSL) protocol. We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be 100% secure. As a result, while we strive to protect your personal information, and you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of all information and data exchanged between you and us through this Site cannot be guaranteed secure.

Right to Deletion

Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:

• Delete your personal information from our records; and
• Direct any service providers to delete your personal information from their records. Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:
• Complete the transaction for which the personal data was collected, fulfill the terms of a written warranty or product recall conducted under federal law, provide a good or service requested by you or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
• Debug to identify and repair errors that impair existing intended functionality;
• Exercise free speech, ensure the right of another consumer to exercise their right of free speech, or exercise another right provided for by law;
• Comply with the California Electronic Communications Privacy Act;
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
• Enable solely internal uses aligned with your expectations based on your relationship with us;
• Comply with an existing legal obligation; or
• Otherwise, use your personal information in a lawful manner that is compatible with the context in which you provided the information.

Children Under Thirteen

Games & Theory does not knowingly collect personally identifiable information from children under thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.

Disconnecting From Third-Parties

BY CONNECTING YOUR GAMES & THEORY ACCOUNT TO YOUR THIRD-PARTY ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS (PER YOUR PRIVACY SETTINGS ON THOSE THIRD-PARTY SITES). IF YOU DO NOT WANT INFORMATION ABOUT YOU SHARED, DO NOT USE THIS FEATURE.

You may disconnect your account from a third-party account at any time. Users may learn to disconnect their accounts from third-party websites by logging into their user accounts. Users may also contact us via our online support systems.

Email Communications

From time to time, Games & Theory may contact you via email to provide announcements, promotional offers, alerts, confirmations, surveys, and other general communication. To improve our Services, we may receive a notification when you open an email from Games & Theory or click on a link therein. Suppose you would like to stop receiving marketing or promotional communications via email from Games & Theory. In that case, you may opt-out of such communications by Unsubscribing from marketing notifications following the links in every email.

External Data Storage Sites

We may store your data on servers provided by third-party hosting vendors we have contracted.

Changes to this Statement

Games & Theory reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in how we treat personal information by sending a notice to the primary email address specified in your account, placing a prominent notice on our website, and updating any privacy information.

Your continued use of the Website and Services available after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy.

Contact Information

Games & Theory welcomes your questions or comments regarding this Statement of Privacy. If you believe that Games & Theory has not adhered to this statement, please visit our Contact page to get in touch.

An Agreement between the User and Games & Theory

This Privacy Statement applies to Games & Theory and Old Man Umby and governs data collection and usage. For this Privacy Policy, unless otherwise noted, all references include the following websites: games-n-theory.com, gamesntheory.com, oldmanumby.com, and the corresponding top-level domains and associated sub-domains of the same names.

The Games & Theory and Old Man Umby (herein both as "Games & Theory") websites ("Site" or "Sites") are available to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of Games & Theory constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

The Games & Theory website is an e-commerce site. Games & Theory is a developer and publisher of tabletop roleplaying games and materials.

Privacy

Your use of Games & Theory is subject to Games & Theory's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting Games & Theory or sending emails to Games & Theory constitutes electronic communications. You consent to receive electronic communications. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to another person or entity. You acknowledge that Games & Theory is not responsible for third-party access to your account resulting from theft or misappropriation of your account. Games & Theory and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.

Children Under Thirteen

Games & Theory does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Games & Theory only with the permission of a parent or guardian.

Cancellation/Refund Policy

You may cancel your account at any time. Any cancellations will not qualify for a refund.

Links to Third Party Sites/Third Party Services

Games & Theory may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Games & Theory, and Games & Theory is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site or any changes or updates to a Linked Site. Games & Theory is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Games & Theory of the Site or any association with its operators.

Certain services made available via Games & Theory are by third-party sites and organizations. By using any product, service, or functionality originating from the Games & Theory domain, you hereby acknowledge and consent that Games & Theory may share such information and data with any third party with whom Games & Theory has a contractual relationship to provide the requested product, service, or functionality on behalf of Games & Theory users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use Games & Theory strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Games & Theory that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, impair the Site, or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content, including text, graphics, logos, images, and the compilation thereof, and any software used on the Site, is the property of Games & Theory or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Games & Theory content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content. In particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Games & Theory and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Games & Theory or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations.

Games & Theory has no obligation to monitor the Communication Services. However, Games & Theory reserves the right to review materials posted to a Communication Service and remove any materials at its sole discretion. Games & Theory reserves the right to terminate access to the Communication Services without notice for any reason whatsoever.

Games & Theory reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or remove any content, in whole or in part, in Games & Theory's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Games & Theory does not control or endorse the content, messages, or information found in any Communication Service. Therefore, Games & Theory expressly disclaims any liability concerning the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts have not authorized Games & Theory spokespersons, and their views do not necessarily reflect those of Games & Theory.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided or Posted on Games & Theory

Games & Theory does not claim ownership of the materials you provide to Games & Theory (including feedback and suggestions) or post, upload, input, or submit to any Games & Theory Site or our associated services (collectively "Submissions"). However, by posting, uploading, providing, or transmitting your Submission, you are granting Games & Theory, our affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses, including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid concerning the use of your Submission, as provided herein. Games & Theory is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at Games & Theory's sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third-Party Accounts

You will be able to connect your Games & Theory account to third-party accounts. By connecting your Games & Theory account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about yourself shared in this manner, do not use this feature.

International Users

The service is controlled, operated, and administered by Games & Theory from our offices within the USA. If you access the service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Games & Theory Content accessed through Games & Theory in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Games & Theory, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this agreement or your breach of any rights of a third party, or your violation of any applicable laws, rules or regulations. Games & Theory reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In this event, you will fully cooperate with Games & Theory in asserting any available defenses.

Arbitration

In the event, the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims regarding these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place individually; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Games & Theory agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GAMES & THEORY AND ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND CHANGES TO THE SITE AT ANY TIME.
GAMES & THEORY AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. GAMES & THEORY AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GAMES & THEORY AND ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GAMES & THEORY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Games & Theory reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Illinois. You hereby consent to the exclusive jurisdiction and venue of courts in Illinois in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not affect all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Games & Theory due to this agreement or use of the Site. Games & Theory's performance of this agreement is subject to existing laws and legal processes. Nothing contained in this agreement derogates Games & Theory's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Games & Theory concerning such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Games & Theory concerning the Site. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Games & Theory pertaining to the Site. A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.

Changes to Terms

Games & Theory reserves the right, in its sole discretion, to change the Terms under which Games & Theory is offered. The most current version of the Terms will supersede all previous versions. Games & Theory encourages you to periodically review the Terms and stay informed of our updates.

Contact Us

Games & Theory welcomes your questions or comments regarding these Terms of Service. Please visit our Contact page to get in touch.

Coming Soon!