⚖️ SYSTEM FILE: TERMS_AND_CONDITIONS [UPDATED: 2025-12-16]

1. ACCEPTANCE OF TERMS

By accessing or using the website www.1upretrogaming.net (the "Site"), you agree to comply with and be bound by these Terms and Conditions. The Site is owned and operated by 1Up Retro Gaming. If you do not agree to these terms, please do not use our Site.

2. NATURE OF SERVICE (HYBRID MODEL)

This Site operates as both a direct seller of digital goods and a content hub for retro gaming enthusiasts.

  • Digital Products: We directly sell and deliver digital content (e.g., wallpapers, guides, software assets) through this Site.
  • Physical Goods (Affiliate): We do not stock or ship physical video games or consoles. Links to physical products serve as a referral service to third-party marketplaces.

3. DIGITAL PRODUCTS POLICY

The following terms apply specifically to digital items purchased directly from 1Up Retro Gaming:

  • Instant Delivery: Upon purchase, your digital files will be available for download immediately via the checkout page or email.
  • No Refunds: Due to the intangible nature of digital assets, all sales are final. Refunds are generally not provided unless the file is technically corrupt and cannot be replaced.
  • Personal License: Purchasing a digital item grants you a non-exclusive, non-transferable license for personal use only. You may not resell, redistribute, or claim ownership of the digital files.

4. AFFILIATE DISCLOSURE (FTC COMPLIANCE)

1Up Retro Gaming participates in various affiliate marketing programs for physical goods. We may get paid commissions on editorially chosen products purchased through our links.

  • eBay Partner Network: We are a participant in the eBay Partner Network. Purchases made through our eBay links may result in a commission for us.
  • Merchandise: Branded apparel is fulfilled by Spreadshop. Transactions are subject to Spreadshop's policies.
  • No Extra Cost: These commissions come at no additional cost to you.

5. THIRD-PARTY LINKS & LIABILITY

Our Site contains links to third-party websites (e.g., eBay sellers, Amazon) that are not controlled by 1Up Retro Gaming.

  • Transactions: Any transaction for physical goods is solely between you and the third-party vendor.
  • Product Condition: We cannot guarantee the condition or authenticity of physical items purchased through affiliate links. Please review seller ratings carefully.

6. INTELLECTUAL PROPERTY

The content on this Site (text, logos, videos) and the Digital Products sold herein are the property of 1Up Retro Gaming and are protected by copyright laws. Unauthorized reproduction or resale is strictly prohibited.

7. USER CONDUCT

If you interact with our community features, you agree to follow our Community Rules. We reserve the right to remove offensive content or ban users who violate these rules.

8. DISCLAIMER OF WARRANTIES

The information and digital products provided on this Site are for general entertainment purposes. We make no warranties regarding the compatibility of digital files with every specific device or software version.

9. LIMITATION OF LIABILITY

In no event shall 1Up Retro Gaming be liable for any direct, indirect, or consequential damages arising out of your use of the Site, your use of purchased digital products, or your purchase of goods from third-party links.

10. GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law provisions.

11. CHANGES TO TERMS

We reserve the right to modify these Terms at any time. Continued use of the Site after revisions constitutes acceptance of the new terms.

12. CONTACT US

If you have questions about these Terms or need support with a digital order:
Email: contact@1upretrogaming.net