Sifteo Warranty and
Return / Refunds Policy
Thanks for your interest in the products and services of Sifteo Inc. ("Sifteo"). These policies and warranty apply to the following physical goods provided by Sifteo: Sifteo Cubes that take AAA batteries, bases, USB cord, and carrying case (the "Physical Product" or "Product"). These policies and warranty do not apply to rechargeable ("original") Sifteo cubes, charging docks, and USB wireless links. For those products, please see https://www.sifteo.com/original/warranty.
Sifteo also provides digital goods and services. These goods and services include credits that may be purchased with "real world" money or tailored interactions with a third-party service ("Credits"). Credits may be used to purchase games ("Games") and in-game digital items ("Virtual Goods").
30 Day Return Policy: Physical Product
If you are not satisfied with your purchase of the Physical Product, Sifteo's return policy allows you to return the Product purchased by you directly from Sifteo after obtaining a Sifteo return material authorization ("RMA") during the 30 day period following date of shipment by Sifteo. If the Product is returned unused, undamaged, in its original condition, and in the original packaging in accordance with this policy, we will exchange it or offer a refund of the purchase price paid, which refund will be made by crediting the account used to make the original purchase. An RMA number and instructions may be obtained by contacting . The Product must be postmarked within 10 days after issuance of the RMA.
All Products must be packed in the original, unopened and unmarked packaging including any accessories, manuals, documentation, and registration that shipped with the Product. A $15.00 open box fee will be assessed on any opened hardware or accessory, and damage and missing part restocking fees may apply. The RMA number must be included with the returned Product.
Shipping and handling charges, gift-wrap fees, and taxes paid (e.g., state, customs, VAT) are not refundable. You are responsible for and must prepay all shipping charges and you shall assume all risk of loss or damage to the Product while in transit to Sifteo. If you return Product to Sifteo (a) without an RMA from Sifteo, (b) beyond the 10 day RMA issuance period, or (c) without proper packaging, Sifteo retains the right to either refuse delivery of such return or charge you a restocking fee. The time to credit your account may vary, depending on processing time. Please allow a minimum of 4 weeks for Sifteo to credit the account used to make the original purchase.
No Refunds and Returns on Digital Goods or Services
In no way can Credits or Virtual Goods be redeemed for "real world" money, goods, or other items of monetary value from any party. Transfers of Credits are strictly prohibited. This means you may not buy or sell Credits or Virtual Goods for "real world" money or otherwise exchange Virtual Goods for value outside of the Games. You may not transfer, buy or sell Credits to other Sifteo customers.
You also agree that all sales of Credits and Virtual Goods are final. No refunds will be given by Sifteo or Sifteo's third party payments providers. Other than a limited, revocable, non-transferable license to use the Credits, or to use Virtual Goods in the Games, you have no right in or title to such Credits and Virtual Goods. In the event that your account is terminated or suspended for any reason, in Sifteo's sole and absolute discretion, or if Sifteo discontinues its Services or Games, you forfeit any and all Credits and Goods. Sifteo has the absolute right to manage, regulate, control, modify, and/or eliminate Credits and/or Virtual Goods as it sees fit in its sole discretion, and Sifteo shall have no liability to you or anyone for the exercise of such rights.
1 Year Limited Warranty
Sifteo warrants the Physical Product, and only the Physical Product, against defects in materials and workmanship under normal use for a period of ONE (1) YEAR from the date of retail purchase by the original purchaser ("Warranty Period"). Under this Limited Warranty, if a hardware defect arises and a valid claim is received by Sifteo within the Warranty Period, at its option and to the extent permitted by law, Sifteo will either (1) repair the Product at no charge, using new or refurbished replacement parts or (2) exchange the Product with a new or refurbished Product. In the event of a defect, to the extent permitted by law, these are your sole and exclusive remedies. This Limited Warranty is valid only in the United States for Products sold in the United States.
A replacement Product or part assumes the remaining warranty of the original Product or one (1) year from the date of replacement or repair, whichever is longer.
When a Product or part of the Product is exchanged, any replacement item becomes your property and the replaced item becomes Sifteo's property. Parts provided by Sifteo in fulfillment of its warranty obligation must be used in Products for which warranty service is claimed.
Instructions to Obtain Warranty Service: To obtain warranty service, you must obtain an RMA number and instructions by contacting firstname.lastname@example.org and deliver the Product, freight prepaid, in either its original packaging or packaging providing an equal degree of protection, to the address specified by Sifteo. In accordance with applicable law, Sifteo may require that you furnish proof of purchase details and/or comply with registration requirements before receiving warranty service. It is your responsibility to backup any data, software, or other materials you may have stored or preserved on the Product. It is likely that such data, software, or other materials will be lost or reformatted during service, and Sifteo will not be responsible for any such damage or loss. For specific instructions on how to obtain warranty service on your Product, visit the Sifteo help page.
Exclusions and Limitations. This Limited Warranty applies only to the Product manufactured by or for Sifteo that can be identified by the "Sifteo" trademark, trade name, or logo affixed to it. The Limited Warranty does not apply to any (a) Sifteo products and services other than the Product, (b) non-Sifteo hardware product, (c) consumables (such as batteries), or (d) software, even if packaged or sold with the Product or embedded in the Product. Refer to the licenses accompanying the software for details of your rights with respect to its use.
Sifteo does not warrant that the operation of the Product will be uninterrupted or error-free. Sifteo is not responsible for damage arising from failure to follow instructions relating to the Product's use.
This warranty does not apply to a Product or part of the Product that has been altered or modified (e.g., to alter functionality or capability) by anyone who is not a representative of Sifteo or if the Product is inserted or installed in a casing not provided by Sifteo. In addition, this Limited Warranty does not apply: (a) to damage caused by use with non-Sifteo products; (b) to damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes; (c) to damage caused by operating the Product outside the permitted or intended uses described by Sifteo or with improper voltage or power supply; or (d) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Sifteo. Recovery and reinstallation of software programs and user data are not covered under this Limited Warranty.
This Limited Warranty does not cover the cost of returning the Product to Sifteo; this is your responsibility.
No Sifteo reseller, agent, or employee is authorized to make any modification, extension, or addition to this Limited Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
Implied Warranties. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES (INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY.
Limitation of Damages. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, SIFTEO SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF EXPRESS OR IMPLIED WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY.
Consumer Protection. Some states do not allow the exclusion or limitation of incidental or consequential damages, or allow limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary by state to state.
Governing Law and Arbitration. This Limited Warranty shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Any claim or dispute in connection with this Limited Warranty shall be resolved in a cost effective manner through binding non-appearance-based arbitration. The arbitration shall be initiated through an established alternative dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the foregoing arbitration clause does not apply for any reason, you agree to submit to the personal jurisdiction of the state courts located within San Francisco County, California and the federal courts in the Northern District of California for the purpose of litigating all such claims or disputes, which courts shall have exclusive jurisdiction of such claims or disputes.
Notwithstanding the foregoing, Sifteo may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.