The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.
- Copyright
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All content appearing on this Web site is the property of:
Twisted Entertainment
Copyright © 2009-2012 Twisted Entertainment. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2009-2012 Twisted Entertainment. All rights reserved.
- Trademarks
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All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Twisted Entertainment. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Twisted Entertainment or any third party, except as expressly granted herein.
- Use Of Site
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Twistedrules.com Website Terms of Use
I.
Website User Terms
Last Updated: July 25, 2009
Twisted Entertainment, LLC. welcomes you. These Website Terms of Use ('TOU') apply to your use of this website. These TOU apply to each visitor to and user of the Site (each, a "User"), including you and any other unregistered users, registered users and paying subscribers (each such registered user or paying subscriber, a "Member"). By visiting or using the Site you agree to the terms and conditions of these TOU. The purchase or use of products and services (such as blog or profile page features) available to Members through the Site may also be subject to certain additional terms and conditions provided with those products or services.
Unless stated otherwise, Twisted may change the TOU at any time and the changes will become effective thirty (30) days after posting the revised TOU, however Twisted reserves the right to change the TOU effective immediately upon posting the revised TOU in the event Twisted determines it reasonably necessary for such change to be effective without delay. You can review the most current version of the TOU at http://www.twistedrules.com. You are responsible for checking the TOU regularly for changes and your continued use of a Site after the Effective Date indicates your acceptance of any changes to the TOU.
Additional operating guidelines, such as the Code of Conduct may be posted from time to time on the Site, and you agree to use the Site in accordance with the Guidelines. Twisted may also offer certain other websites that are governed by the terms of use posted on such websites, in which case those terms (and not these TOU) will govern your use of such websites.
1. User Content
By posting or submitting any text, images, designs, video, sound, code, data, lists, or other materials or information (such User-submitted content, collectively, "User Content") to or through a Site, including without limitation on any User profile page, you hereby irrevocably grant to Twisted, its affiliates and sublicensees, a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, and fully sub-licensable license, to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or in part) in any media and to incorporate the User Content into other works in any format or medium now known or later developed. The foregoing grants shall include the right to exploit any proprietary rights in such User Content, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
You represent and warrant that: (i) you own or control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site, (ii) the User Content is accurate and not misleading, and (iii) use and posting of the User Content you supply does not violate these TOU and will not violate any rights of or cause injury to any person or entity, including without limitation the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to or through the Site.
You are solely responsible for the User Content that you post, store or upload on or through the Site, including any material or information that you transmit to other Users. Twisted does not have an obligation to delete, screen or edit any of the User Content posted, stored or uploaded on or through the Site, however Twisted reserves the right to delete, screen or edit any User Content posted, stored or uploaded on the Site at any time and for any reason without notice. Without limiting the foregoing, Twisted may remove any User Content that in the sole judgment of Twisted violates these TOU or any Guidelines, or that may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Twisted does not endorse any User Content and takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto.
2. Intellectual Property Ownership; Rights Granted to You
The text, images, designs, logos, video, sound, code, data, and other materials and information, as well as the selection and arrangement thereof, available through the Site (collectively, "Site Content") are the proprietary property of Twisted or its licensors or other Users, and are protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-sublicenseable license to access and use the Site and electronically copy (except where specified as prohibited) and print to hard copy portions of Site Content for your personal, noncommercial use only; provided, that you preserve any copyright, trademark or other similar notices contained in or associated with such Site Content. Such license is subject to these TOU and does not include: (i) any resale or commercial use of the Site or any Site Content therein; (ii) the collection and use of any product or service listings, pictures or descriptions; (iii) the distribution (electronic or otherwise), public performance, or public display of any Site Content; (iv) modifying or otherwise making any derivative uses of the Site and Site Content, or any portion thereof; (v) use of any data mining, robots or similar data gathering or extraction methods; (vi) downloading (other than the page caching) of any portion of the Site, any Site Content or any information contained therein, except as expressly permitted on the Site; or (vii) any use of the Site or Site Content other than for its intended purpose. Any use of the Site or Site Content other than as specifically authorized herein, without the prior written permission of Twisted, is strictly prohibited and will terminate the license granted herein. This license is revocable at any time.
3. Limits on Use of the Site
You agree not to engage in any of the following: (i) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, data scrape, copy or transfer any part of the Site (including without limitation any User data, including any Member registration information, whether individually or in the aggregate); (ii) probe, scan or test the vulnerability of the Site, or breach the security or authentication measures on the Site; (iii) reverse look-up, trace or seek to trace any information on any Member or other User of the Site, including information on any Member account other than your own, to its source, or exploit the Site in any way with a purpose of revealing any information, including but not limited to personal identification or information, other than your own information; (iv) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site; (v) use any device, software or routine to interfere or attempt to interfere with the proper working or authorized uses of the Site or with any other person's use of the Site; (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any message transmittal you send on or through the Site; (vii) impersonate any other individual or entity or misrepresent your identity or your affiliation with another individual or entity; (viii) use the Site in an illegal manner or for any unlawful purpose; or (ix) violate any applicable Guidelines, including without limitation any Code of Conduct.
4. Privacy Notice
Please refer to our Privacy Statement for information on how Twisted collects, uses and discloses personally identifiable information from you and other Users.
5. Links to Other Site
The Site may contain links to third-party websites. These links are provided as a convenience to you. Twisted does not control and is not responsible for the content of such third-party websites or the conduct of the operators of such third-party websites, and does not make any representations regarding the accuracy, copyright or other statutory or regulatory compliance, legality or decency of any of the content or other materials on such third-party websites. Twisted encourages you to exercise discretion while browsing the Internet and the Site. If you decide to access linked third-party websites, you do so at your own risk.
6. Disclaimers; Limitation on Liability
Because of the variety of possible sources of Site Content, and the inherent hazards and uncertainties of electronic distribution, there may be delays, omissions, or inaccuracies in such Site Content. Moreover, Site Content may include facts, views, opinions, and recommendations of individuals and entities other than Twisted. Twisted does not endorse, assert, or guarantee the truthfulness or reliability of any such facts, views, opinions, or recommendations, nor any statements made by third parties, including, without limitation, information contained in the public postings areas of the Site and information provided or statements made by celebrity, "expert," or similar guests on the Site.
THE SITE AND SITE CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TWISTED DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY SITE AND SITE CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TWISTED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TWISTED DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED ON THE SITE OR IN THE SITE CONTENT. TWISTED DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS CONTAINED IN THE SITE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE CONTENT, THE SITE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT TWISTED) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TWISTED BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, A SITE OR ANY SITE CONTENT (INCLUDING ANY DOWNLOADED MATERIALS), EVEN IF TWISTED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TWISTED?S TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO TWISTED, IF ANY, FOR PRODUCTS OR SERVICES IN CONNECTION WITH THE SITE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE ABOVE LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
7. Indemnity
You agree to indemnify, defend at your cost and hold harmless Twisted, its affiliates, subsidiaries, parent companies, and contractors, and each of their current and former officers, directors, employees, agents, licensors, licensees and representatives (collectively, the "Indemnified Parties"), from and against any losses, liabilities, expenses, claims, damages and costs of any nature, including reasonable attorneys' fees, arising out of or relating to any User Content you post, store or otherwise transmit on or through the Site or your use or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against the Indemnified Parties arising out of or relating to your User Content, your conduct, your violation of these TOU, or your violation of the rights of any third party.
8. Unsolicited Idea Submission Policy
NEITHER TWISTED NOR ANY OF ITS EMPLOYEES ACCEPTS OR CONSIDERS UNSOLICITED MATERIALS PROVIDED TO TWISTED REGARDING THE SITE, THE SITE CONTENT, TWISTED, OR THE PRODUCTS AND SERVICES OF TWISTED, INCLUDING WITHOUT LIMITATION QUESTIONS, COMMENTS, SUGGESTIONS, IDEAS, PLANS, NOTES, DRAWINGS OR OTHER ARTWORK, DEMOS, PROTOTYPES, SAMPLES, ORIGINAL OR CREATIVE MATERIALS, OR SIMILAR INFORMATION (COLLECTIVELY, "SUBMISSIONS"). SOME EXAMPLES INCLUDE IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY SUBMISSIONS TO TWISTED OR ANYONE AT TWISTED. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR SUBMISSIONS, YOU STILL SEND THEM, TWISTED MAY NOT TREAT YOUR SUBMISSIONS AS CONFIDENTIAL OR PROPRIETARY AND MAY DISCLOSE YOUR SUBMISSIONS TO ANY OTHER PERSON OR ENTITY, WHETHER PUBLICLY OR PRIVATELY. WITH RESPECT TO ANY SUCH SUBMISSIONS YOU PROVIDE THAT TWISTED ACCEPTS INADVERTENTLY OR OTHERWISE CONTRARY TO THE ABOVE POLICY, YOU HEREBY GRANT AN IRREVOCABLE, NONEXCLUSIVE, PERPETUAL, WORLDWIDE, ROYALTY-FREE AND FULLY SUBLICENSABLE LICENSE TO USE, PRACTICE, MAKE, HAVE MADE, REPRODUCE, MODIFY, ADAPT, PUBLISH, TRANSLATE, CREATE DERIVATIVE WORKS FROM, DISTRIBUTE, PERFORM, AND DISPLAY YOUR SUBMISSIONS AND THE INVENTIONS EMBODIED THEREIN FOR ANY COMMERCIAL OR OTHER PURPOSE, WITHOUT ACKNOWLEDGMENT OR COMPENSATION TO YOU.
9. Feedback
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or other submissions to Twisted in response to a request for such materials ("Feedback") are non-confidential and shall become the sole property of Twisted. Twisted shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You agree to execute any and all documents that Twisted may reasonably request in connection with confirming Twisted's ownership of and unlimited right to use such Feedback. This paragraph is not intended to apply to any personal information about you (such as name, mailing address and e-mail address), the use and disclosure of which is described in Twisted's Privacy Statement.
10. Children and Mature Content
Please be aware that certain areas on the Site contain mature content and there may be posted specific age restrictions to access and view such areas. You may be exposed to Site Content that you find offensive, indecent or objectionable. By using the Site you assume all risk associated with its use. We encourage parents to supervise their children?s use of the Site and maintain open communication regarding appropriate materials for use and viewing by their children.
11. Copyright Policy; Notice and Procedure for Making Claims of Infringement
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Twisted to terminate privileges of any User who repeatedly infringes the copyright rights of others upon receipt of proper notification to Twisted by the copyright owner or the copyright owner's legal agent.
If you believe that any content appearing on this Site infringes your copyright rights, Twisted wants to hear from you. Please forward the following information in writing to the Legal Department Copyright Agent at the address listed below:
(a) your name, address, telephone number, and e-mail address;
(b) a description of the copyrighted work that you claim has been infringed;
(c) the exact URL or a description of each place where alleged infringing material is located;
(d) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
(e) your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
(f) a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf.
Name and address of agent to receive notification of claimed infringement:
Legal Department
Twisted Entertainment, LLC.
10316 W. Catalina Drive
Avondale, AZ 85392
E-mail: legaldude@Twistedrules.com
12. General
a. Language; Interpretation
It is the express wish of the parties that these TOU and all related documents have been drawn up in English. C'est la volonte expresse des parties que la presente convention ainsi que les documents qui s'y rattachent soient rediges en anglais. The headings of sections, paragraphs and subparagraphs of these TOU are for convenience of reference only and are not intended to restrict, affect or be of any weight in the interpretation or construction of the provisions of such sections, paragraphs or subparagraphs.
b. U.S. Export Controls
Software available in connection with the Site may be subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. You further agree not to upload to any Site any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.
c. Termination; Survival
Notwithstanding any of these TOU, Twisted reserves the right, without notice and in its sole discretion, to terminate your license to use the Site and to block or prevent your future access to and use of the Site. Upon termination of these TOU for any reason, Sections 6 (Disclaimers; Limitation on Liability), 7 (Indemnity) and 12 (General), together with any licenses granted to Twisted hereunder, will survive.
d. Governing Law; Venue and Jurisdiction; Time Limit to Bring Claims
These TOU and your use of the Site shall be governed by laws of the State of Arizona, without regard to its conflict of laws principles. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts Maricopa County, Arizona, for any claims arising out of or relating to your use of the Site, the materials on this Site, and/or these TOU. In no event shall any claim, action or proceeding by you related in any way to the Site (including your visit to or use of the Site) be instituted more than one (1) year after the cause of action arose.
e. Severability; Waivers
If any provision of these TOU is found to be invalid or unenforceable by any court having competent jurisdiction, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. The failure of Twisted to insist upon or enforce any of the provisions of these TOU, or to exercise any rights or remedies under these TOU, will not be construed as a waiver of Twisted's right to assert or rely upon any such provisions, rights, or remedies in that or any other instance; rather, the same will be and remain in full force and effect. No waiver of any term of these TOU shall be deemed a further or continuing waiver of such term or any other term.
© 2009 Twisted Entertainment, LLC. All rights reserved. ® and TM denote trademarks owned by Twisted and/or its parents, subsidiaries, affiliates, licensors, licensees, or other companies. Any use by Twisted of another's trademarks does not imply objection to such party's intellectual property rights.
- Privacy Policy
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TWISTED ENTERTAINMENT, LLC Website Privacy Statement
This document was last updated on July 25, 2009.
1. Acknowledgment and acceptance of terms
Twisted Entertainment, LLC is committed to protecting your privacy. This Privacy Statement sets forth our current privacy practices with regard to the information we collect when you or your computer interact with our website. By accessing Twisted's website/www.twistedrules.com, you acknowledge and fully understand Twisted's Privacy Statement and freely consent to the information collection and use practices described in this Website Privacy Statement.
2. Participating Merchant Policies
Related services and offerings with links from this website, including vendor sites, have their own privacy statements that can be viewed by clicking on the corresponding links within each respective website. Online merchants and others who participate in Twisted?s services are encouraged to participate in industry privacy initiatives and to take a responsible attitude towards consumer privacy. However, since we do not have direct control over the policies or practices of participating merchants and other third parties, we are not responsible for the privacy practices or contents of those sites. We recommend and encourage that you always review the privacy policies of merchants and other third parties before you provide any personal information or complete any transaction with such parties.
3. Information We Collect and How We Use It
Twisted collects certain information from and about its users three ways: directly from our Web Server logs, the user, and with Cookies.
a. Web Server Logs.
When you visit our Website, we may track information to administer the site and analyze its usage. Examples of information we may track include:
Your Internet protocol address.
The kind of browser or computer you use.
Number of links you click within the site.
State or country from which you accessed the site.
Date and time of your visit.
Name of your Internet service provider.
Web page you linked to our site from.
Pages you viewed on the site.
b. Use of Cookies
Twisted may use cookies to personalize or enhance your user experience. A cookie is a small text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a Web 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. For example, if you personalize a web page, or navigate within a site, a cookie helps the site to recall your specific information on subsequent visits. Hence, this simplifies the process of delivering relevant content and eases site navigation by providing and saving your preferences and login information as well as providing personalized functionality.
Twisted reserves the right to share aggregated site statistics with partner companies, but does not allow other companies to place cookies on our website unless there is a temporary, overriding customer value (such as merging into twistedrules.com a site that relies on third-party cookies).
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you reject cookies by changing your browser settings then be aware that this may disable some of the functionality on our Website.
Personal Information Users
Visitors to our website can register to purchase services. When you register, we will request some personal information such as name, address, email, telephone number or facsimile number, account number and other relevant information. If you are purchasing a service, we will request financial information. Any financial information we collect is used only to bill you for the services you purchased. If you purchase by credit card, this information may be forwarded to your credit card provider. For other types of registrations, we will ask for the relevant information. You may also be asked to disclose personal information to us so that we can provide assistance and information to you. For example, such data may be warranted in order to provide online technical support and troubleshooting.
We will not disclose personally identifiable information we collect from you to third parties without your permission except to the extent necessary including:
§ To fulfill your service requests for services.
§ To protect ourselves from liability,
§ To respond to legal process or comply with law, or
§ In connection with a merger, acquisition, or liquidation of the company.
4. Use of Web Beacons or GIF files
Twisted/www.twistedrules.com Web pages may contain electronic images known as Web beacons - sometimes also called single-pixel gifs - that allow Twisted to count users who have visited those pages and to deliver co-branded services. Twisted may include Web beacons in promotional e-mail messages or newsletters in order to determine whether messages have been opened and acted upon.
Some of these Web beacons may be placed by third party service providers to help determine the effectiveness of our advertising campaigns or email communications. These Web beacons may be used by these service providers to place a persistent cookie on your computer. This allows the service provider to recognize your computer each time you visit certain pages or emails and compile anonymous information in relation to those page views, which in turn enables us and our service providers to learn which advertisements and emails bring you to our website and how you use the site. Twisted prohibits Web beacons from being used to collect or access your personal information.
5. Accessing Web Account Information
We will provide you with the means to ensure that personally identifiable information in your web account file is correct and current. You may review this information by contacting us by sending an email to our support attendant - support@twistedrules.com.
6. Changes to this Statement
Twisted has the discretion to occasionally update this privacy statement. When we do, we will also revise the 'updated' date at the top of this Privacy page. We encourage you to periodically review this privacy statement to stay informed about how we are helping to protect the personal information we collect. Your continued use of the service constitutes your agreement to this privacy statement and any updates.
7. Contacting Us
If you have questions regarding our Privacy Statement, its implementation, failure to adhere to this Privacy Statement and/or our general practices, please contact us at support@twistedrules.com or send your comments to :
TWISTED
Attention: Privacy Statement Personnel
10316 W. Catalina Drive, Avondale, AZ 85392
Twisted will use commercially reasonable efforts to promptly respond and resolve any problem or question.
- Shipping & Delivery
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All items sold are made available via immediate download link or will be shipped via USPS within 3-5 business days. The cost of shipping is added to all orders for physical product. When your package is shipped we will email you a link to track your shipment. Additional shipping charges will be applied to all orders outside the 48 states. If for some reason you do not receive a shipment, contact us at support@twistedrules.com
- International
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Additional shipping charges apply to interntaionol orders. Customs and import duties may be applied to International orders when the shipment reaches its destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details.
Shipping laws are different in each country. It is your responsibility to check with your Customs office to verify whether the country to which you are shipping permits the shipment of your products. Twisted Entertainment is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.
- Return Policy
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Returns Policy Overview
You may return new, unopened items sold and shipped by Twisted Entertainment, LLC within 10 days of delivery for a full refund, less cost of shipping. Items should be returned in their original product packaging. You are responsible for paying the cost of shipping both ways. You should expect to receive your refund within four weeks from the date you ship it back.
Items that are Not Returnable
Twisted Entertainment, LLC/ www.twistedrules.com does not accept returns of the following items:
Any product missing the serial number or UPC
Downloadable software products
Gift cards and gift certificates
Items purchased from sellers other than Twisted Entertainment, LLC
Items returned damaged
Exchanges
If you received a faulty item and need to exchange it for the same item, email customerservice@twistedrules.com to request a replacement.