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This is a legal agreement between you, the potential user of this website ("you") and Game Trader Direct, LLC. (""). Your use of this website ("Site") or any of the products and services offered on this Site (the "Services") is conditioned on your acceptance without modification of these Terms of Use ("Terms"). Please read these Terms carefully. If you do not agree to these Terms, you should not use the Site or Services. Game Trader Direct, LLC. may at its sole discretion modify these Terms at any time and such modifications will be effective immediately upon being posted on this Site. The most current version of these Terms can be accessed through the "Terms of Service" link at the bottom of the Site. You agree to review these Terms periodically, and your continued use of the Site and Services after the posting of modifications constitutes your affirmative agreement to abide and be bound by the Terms, as modified.
Game Trader Direct, LLC. reserves the right to modify or discontinue any of the Services and material displayed on or offered through the Site, with or without notice to you, and is not obligated to support or update the Site or Services.
Use of the Site and Services is for personal, non-commercial use and is void where prohibited. You shall comply with all applicable local, state, federal and national laws, statutes, ordinances and regulations regarding the use of the Site and Services. You represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You must be a resident of the Continental United States of America, Alaska or Hawaii at least 18 years of age and have Internet access, a valid e-mail address, and a valid shipping address to register for the Site and Services. Full use of the Site and Services may require you to provide a valid credit card. While individuals between the ages of 13 and 18 may utilize the Site and Services, they may do so only with the involvement of a parent or legal guardian. If you are 13 or older but under the age of 18, you should review these Terms with your parent or guardian to make sure that you and your parent or guardian understand and agree to these Terms.
You are entitled to receive one Video Game from another Game Trader Direct, LLC. user for every Video Game you successfully ship from your Have List. A shipment is deemed successful when the Game Trader Direct, LLC. user requesting your Video Game notifies Game Trader Direct, LLC. that the CD arrived within 20 days of your agreement to ship and is in good condition. Without limiting other remedies, Game Trader Direct, LLC. may elect not to credit your account for any Video Games reported as lost, broken, incorrect or unplayable.
You may not illegally copy Video Games or keep copies of Video Games you trade. Your access to the Site or Services may be immediately terminated in the event you use the Site or Services for illegal purposes or make unlawful copies of Video Games or unlawfully distribute Video Games. You acknowledge and agree that you have valid title and ownership rights to any Video Games that you make available on the Site or Services. You are aware that not all Video Games are available on the Site or via the Services and that Game Trader Direct, LLC. does not guarantee you will receive any Video Game nor that any Video Game you do receive will be in good condition.
Game Trader Direct, LLC. will issue you a starter kit after you register and agree to ship your first Video Game. The starter kit will contain five (5) envelopes (collectively, the "Shipping Materials"). You agree to use the Shipping Materials solely for the purpose of shipping requested Video Games. Additional envelopes must be requested directly from the link provided on each members account page.
To register, you must provide your name, date of birth, shipping address, and e-mail address. Full use of the Site and Services may require credit card authorization information. You shall permit Game Trader Direct, LLC. to store and use this personal data provided by you for purposes of maintaining your account and for billing fees and other charges to your credit card. You authorize Game Trader Direct, LLC. to place a pending charge to your credit card when you provide your credit card information to www.gametraderdirect.com. Pending charges are used to verify your billing address and the validity of your credit card, are temporary (typically 7 to 9 days), and will not be converted into an actual charge to you. Pending charges will, while pending, however, reduce the available amount of credit on you credit card in the amount of $1.00. By registering, you also consent to the disclosure of your name and shipping address to www.gametraderdirect.com users for shipping purposes.
In addition, you agree to comply with the following terms:
You shall maintain your account with up-to-date information;
You shall be responsible for maintaining the confidentiality and security of your account;
You shall immediately report any unauthorized use of your account to gametraderdirect.com, as well as any other breach of security;
You shall not share your password with any other person; and
You shall not assign, sell or transfer your account to any other person.
User understands and acknowledges that User is required to provide its mailing address to Game Trader Direct, LLC. as a condition to accessing www.gametraderdirect.com Services. Game Trader Direct, LLC. reserves the right to verify any User's mailing address. User understands and acknowledges that if User utilizes the Company's Services to receive a Product from another User, User's address will be provided to the prospective seller of such Product for shipping purposes.
Game Trader Direct, LLC. reserves the right to establish and charge fees for the Services and to change its fees and charges at any time for any reason. You agree that as a condition of your use of the Site and Services, you authorize Game Trader Direct, LLC. or its agents to charge your credit card for any fees or charges you incur in the use of the Site or Services. Game Trader Direct, LLC. currently charges $4.99 for each Video Game you receive through Game Trader Direct, LLC. Video Game Trading Service.
You agree that Game Trader Direct, LLC. may (at its option) accumulate charges and fees incurred during your monthly billing cycle and submit them as one or more aggregate charges during or at the end of each cycle, and that Game Trader Direct, LLC. may delay obtaining authorization from your card issuer until submission of the accumulated charges and fees. Game Trader Direct, LLC. will refund charges placed on members credit card when a game is not received by that member in accordance with the terms of use governing www.gametraderdirect.com.
In the event a User claims more than three (3) instances of having received a lost, broken, incorrect, scratched or otherwise problematic Video Game, Game Trader Direct, LLC. may, at its sole and complete discretion, determine that the User is not eligible to use the Services and Company may elect not to apply any credit to the individual's account for such lost, broken, incorrect, scratched or otherwise problematic Video Game. In addition to suspending or terminating a User's account or access to the Site or Services, Game Trader Direct, LLC. may pursue any remedies available at law. If user reports game as not received, users name is added back into the queue for that game.
In the event a User is reported shipping a lost, broken, incorrect, scratched, counterfeited or otherwise problematic Product, Game Trader Direct, LLC., in its sole and absolute discretion, determine that the User is not eligible to use the Services and Company may elect not to apply any credit to the individual's account for such lost, broken, incorrect, scratched, counterfeited or otherwise problematic Video Game. In addition to suspending or terminating a User's account or access to the Site or Services, Game Trader Direct, LLC. may pursue any remedies available at law.
User may not (I) select or use as a User ID a name of another person with the intent to impersonate that person; or (II) use as a User ID a name subject to any rights of a person other than User without appropriate authorization; or (III) create multiple User IDs within a single household; or (IV) create multiple User IDs in two or more households for the purpose of defrauding the Game Trader Direct, LLC. or avoiding adverse action by the Game Trader Direct, LLC. with respect to User's account.
Users may not illegally copy games. User shall not list or exchange games or other products that are counterfeited or in violation of the publisher or developer's EULA. User's access to the Site or Services may be immediately terminated in the event the User uses the Site or Services for illegal purposes or makes unlawful copies of games or unlawfully distributes games.
The Company Site or Services may contain links to or references to third party websites. User acknowledges that Game Trader Direct, LLC. is not responsible for these websites, has not reviewed such websites, has no control over such websites, and is not in any way liable for Content that appears on these third party websites.
Game Trader Direct, LLC. reserves the right to terminate or suspend your access to the Services or Site, with or without cause, at any time and effective immediately. Reasons Game Trader Direct, LLC. may terminate or suspend your account shall include, but are not limited to, the violation of any of these Terms or failure to pay for Services.
You may cancel your Game Trader Direct, LLC. account at anytime, and cancellation will be effective immediately. You acknowledge, however, that cancellation will result in your forfeiture of any Video Games to which you were entitled through the Services. To cancel your account, use the contact us link.
Upon cancellation or termination, you shall remain liable for all charges and fees incurred by you. Game Trader Direct, LLC. reserves the right to charge you $4.99 per Video Game for each Video Game you received in excess of Video Games you shipped, excluding Video Games you received as part of a Game Trader Direct, LLC. promotion.
Game Trader Direct, LLC. personal information practices on the Site and Services are governed by Game Trader Direct, LLC's. Privacy Policy. Please review this Privacy Policy.
Game Trader Direct, LLC. may place a cookie or other small text file on any computer from which you access the Site or Services and you consent to that placement.
By using the Site and Services, you consent to receiving e-mails from www.gametraderdirect.com. These e-mailings will include notices about your account (for example, shipping and receiving e-mails) and information concerning or related to the Site or Services, such as recommendations or notifications of posted blurbs. These e-mailings are part of your relationship with www.gametraderdirect.com.
You acknowledge and agree that any ratings, reviews, comments, feedback, suggestions, pictures and other materials (collectively, the "Content") you contribute to the Site shall become Game Trader Direct, LLC. property and you hereby assign all rights, title and interests in and to such contributions to Game Trader Direct, LLC. Game Trader Direct, LLC. is hereby granted a non-exclusive, worldwide, royalty-free, transferable right to fully exploit such Content (including all related intellectual property rights). Game Trader Direct, LLC. does not regularly review the content posted on the Site; however, Game Trader Direct, LLC. reserves the right to remove or edit any Content from the Site at any time without notice.
You warrant, represent and agree that you will not contribute any Content that infringes or violates the rights of any other party or violates any laws, contributes to or encourages infringing or otherwise unlawful conduct, or is obscene or in poor taste. You agree that use of the Site and Services is subject to all applicable national, federal, state, and local laws and regulations, and that you are solely responsible for the contents of your communications through the Site and Services.
You understand that by using the Services you may encounter content that may be deemed objectionable, obscene or in poor taste, which content may or may not be identified as having explicit language. You agree to use the Services at your own risk and that Game Trader Direct, LLC. shall have no liability to you for content that you may find objectionable, obscene or in poor taste.
You agree that the Site and Services, including but not limited to graphics, audio clips, and editorial content, contain proprietary information and material that is owned by Game Trader Direct, LLC. and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Site and Services in compliance with these Terms. No portion of the Site or Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or Services in any unauthorized way whatsoever.
The trademarks, logos and service marks (collectively, the "trademarks") displayed on the Site or Services, unless otherwise specified, are the registered and unregistered trademarks of Game Trader Direct, LLC. or their respective owners. Nothing contained on the Site or Services shall be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on the Site or Services without the express written permission of the trademark owner.
Game Trader Direct, LLC. respects the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide www.gametraderdirect.com with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
All software that is made available on the Site is the copyrighted work of Game Trader Direct, LLC. and/or its suppliers and is licensed, not sold. Your use of any such software is governed by the terms of the license agreement, if any, which accompanies or is included with the software. You may not install or use any software that is accompanied by or includes a license agreement unless you first agree to the terms of the license agreement. For any software not accompanied by a license agreement, Game Trader Direct, LLC. hereby grants you a non-exclusive, revocable, personal, non-transferable license to use the software solely in connection with the Site and Services in accordance with these Terms.
You will not disassemble, decompile or reverse engineer the software. You acknowledge that the software and any accompanying documentation are subject to applicable export laws and regulations of the United States. You agree not to export or re-export the software, directly or indirectly, to any countries that are subject to United States export restrictions.
Your license to use the software terminates upon the termination of your access to the Site or Services. Your license to the software may also terminate if Game Trader Direct, LLC., in its sole discretion, modifies the Site or Services to no longer support the software.
THIS SITE, ITS CONTENTS, AND ANY SOFTWARE, PRODUCTS, AND SERVICES OFFERED OR CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS AND ON AN "AS AVAILABLE" BASIS. Game Trader Direct, LLC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE, ITS CONTENTS, OR SUCH SOFTWARE PRODUCTS AND SERVICES, AND DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED SERVICE, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS ARISING FROM OR RELATING TO THIS SITE, ITS CONTENT OR ANY LINKS, ANY SOFTWARE, TOOLS, TIPS, PRODUCTS OR SERVICES PROVIDED THROUGH THIS SITE. IN ADDITION, Game Trader Direct, LLC. DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
IN NO EVENT SHALL Game Trader Direct, LLC., ANY OFFICER, AFFILIATE, DIRECTOR, SHAREHOLDER, AGENT, CONTRACTOR OR EMPLOYEE OF Game Trader Direct, LLC. BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD PARTY CLAIMS) OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH: THIS SITE; ANY MATERIALS, INFORMATION, QUALIFICATION AND RECOMMENDATIONS APPEARING ON THIS SITE; ANY SOFTWARE, TOOLS, TIPS, PRODUCTS, OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED ON THIS SITE; ANY LINK PROVIDED ON THIS SITE; AND YOUR ACCOUNT AND PASSWORD, WHETHER OR NOT Game Trader Direct, LLC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS SITE. YOU ACKNOWLEDGE THAT YOU WILL BE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS SITE.
You are solely responsible for your interactions with other Game Trader Direct, LLC. users. Game Trader Direct, LLC. reserves the right, but has no obligation, to monitor disputes between you and other users.
YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THE SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS AND APPLICATIONS.
The laws of the State of Louisiana, excluding its conflicts of law rules, govern these Terms and your use of the Site and Services. Your use of the Site and Services may also be subject to other local, state or federal laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Game Trader Direct, LLC. relating in any way to your use of the Site or Services resides in the courts of the State of Louisiana.
Game Trader Direct, LLC. may send you notice with respect to the Site or Services by sending an e-mail message to the e-mail address listed in your account information, by sending a letter via postal mail to the shipping address listed in your account information, or by a posting on the Site. Notices shall become effective immediately when posted to the Site and upon delivery when sent by e-mail or postal mail.
These Terms constitute the entire agreement between you and Game Trader Direct, LLC. and govern your use of the Site and Services, superseding any prior agreements between you and Game Trader Direct, LLC. You may also be subject to additional terms and conditions that may apply when you use third-party content or third party-software. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and affect Game Trader Direct, LLC. failure to enforce any right or provision in these Terms will not constitute a waiver of such provision, or any other provision of these Terms. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. Game Trader Direct, LLC. will not be responsible for failures to fulfill any obligations due to causes beyond its control. No agency, partnership, joint venture or employment is created as a result of these Terms. All provisions of these Terms which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
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