The terms and conditions set forth herein constitute the full and complete agreement between you and GameSwapHQ, LLC (doing business as and hereinafter referred to as "GameSwapHQ") Your agreement to be bound by these terms is acknowledged by your use of the GameSwapHQ Web Site and/or any GameSwapHQ Services made available to you. The terms contained herein supercede and replace any other agreement or negotiation between you and GameSwapHQ whether oral, written or otherwise including any statements made by any representative of GameSwapHQ at any time.
1.1 There is presently no fee to create a GameSwapHQ account. GameSwapHQ reserves the right to institute a fee for various aspects of the service in the future and/or to alter, change, amend or delete fees at its sole option. GameSwapHQ further reserves the right to institute new services and charge fees in association with the provision of such new services without advance notice as it deems appropriate. To the extent that GameSwapHQ institutes a fee that you do not agree to your option is to cancel your account by accessing your account settings page and following the in-page instructions. More information can be acquired by contacting support@gameswaphq.com.
1.2 Only GameSwapHQ Elite Members will have the ability to propose or accept trades. In the event that a basic member receives a trade proposal from an Elite member, the basic member will be required to upgrade their account to Elite status before they will be able to modify or accept the trade. As such, GameSwapHQ mailer cases will be reserved for Elite members only.1.3 For your convenience, the costs and duration of your membership are supplied to you on our registration page on signup. You are responsible for all costs associated with your use of your selected payment method including, for example, exchange rates, transaction fees, interest, and other fees charged by your credit/debit card companies and banks. During the signup process you will be asked to indicate your preference for membership duration and costs amongst other things and your selections and click through agreement to the same and these Terms of Use will be recorded. GameSwapHQ reserves the right to offer free membership to any person(s) of their choice at any given time, for any duration, while charging other members, at the same time.
1.4 The current pricing of the various memberships is shown on the registration page. The pricing may change from time to time via notice to you and is effective on your click through agreement. In order to cancel any membership, please email your request to cancel to support@gameswaphq.com.
1.5 Credit card users may be subject to a preauthorization. The preauthorization is not a charge to the credit card. However, the then applicable monthly subscription rate may be reserved against the Member's available credit card limit. The Website will not be held responsible for bank charges, fees or penalties due to overdrawn or delinquent Member accounts. Contact your credit card issuing financial institution for details.
2.1 – Listing Service
2.1.1 Service – The GameSwapHQ Listing Service is the facilitation of communications between game traders for the fast, safe and secure trade of GameSwapHQ verified game software. Under the terms provided herein and upon the creation of your account you are granted a unique account within the GameSwapHQ system wherein you may list, in a manner accessible to other GameSwapHQ members, information concerning the games that you own which you want to trade and games for which you wish to trade. As a user of this service you are granted a conditional, fully revokable, non-exclusive license to use the service. By posting any material on GameSwapHQ you agree that you are solely responsible for any and all content that you post including any inaccuracies therein and including any injury or damage to any third party including but not limited to any damage or injury to any other user of GameSwapHQ. GameSwapHQ does not create or necessarially review or edit any of the posted content before any posting is made. The statements made in any member entry are those of the posting member, individual or company only. Notwithstanding the forgoing, you agree that GameSwapHQ may delete all or any portion of any content posted which in its sole judgement is illegal, harmful or violative of the policies of GameSwapHQ or the rights of third parties or other GameSwapHQ members. You understand that information that you post is posted for the purpose of making such information available on the Internet to other members and the general public in order to initiate a trade within the GameSwapHQ System. You represent and agree that you have the full right and authority to post all information contained in your listings and the right to trade the software that you list or offer for trade and that your rights to trade the software are not restricted. You further represent and agree that the Membership information that you have provided to GameSwapHQ is truthful and accurate and that you are at least 18 years of age.
2.1.2 License – As to any content that you post to your member page, you continue to own all materials that you post and you may continue to use your materials in any way you choose. You grant to GameSwapHQ a limited, non-exclusive license to use, modify, publically display, publically perform, copy, reproduce, distribute, link to, and market itself or other products and services with all posted materials on your member page for any purpose related to the GameSwapHQ.com website and its products and services. You are granted a limited, non-exclusive fully revokable license to use the GameSwapHQ.com name and Marks for the sole purpose of designating, identifying and linking to the GameSwapHQ.com website and services.
2.1.3 Prohibited Activity – The following materials are provided as an indication of the type of material that is prohibited in any posting and may be removed by GameSwapHQ at any time without notice to you. This list is initended to serve as a guide only and is not intended to be exhaustive. Any violation of this section may subject the person responsible for the posting to legal action and/or termination of any membership or right to make further postings.
a) You agree that you will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
b) You agree not to take any action which threatens, encourages or causes any harm to minors of any kind or to perform any activity which is likely to cause such harm or which assists any other person or group in doing so.
c) You agree not to take any action which encourages or consists of any threat of harm of any kind to any person or property or assists any other person or group in doing so.
d) You agree not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or other Internet Forum. GameSwapHQ shall make the sole determination of what is "Inappropriate".
e) You agree not to make or attempt any unauthorized access to any GameSwapHQ website or the website of any GameSwapHQ customer.
f) You agree not to infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, other web sites or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
g) You agree not to collect or attempt to collect personally identifiable information of any person or entity without their express consent. You shall maintain records of any such consent throughout the term of any agreement that you have with GameSwapHQ and for three years thereafter.
h) You agree not to undertake any action which is harmful or potentially harmful to the GameSwapHQ server structure.
i) You agree not to take any action that would affect the display of any GameSwapHQ components of the website including those that may be available on any listing page.
j) You agree that the GameSwapHQ servers including the space occupied by your account is and remains the property of GameSwapHQ. Your limited licenses to use the service is not subject to lease, sublease or any other sharing or transfer without the specific, express consent of GameSwapHQ. You may not make your account or account log-in information available to any third party.
k) You agree not to post any commercial materials other than that related to the identified listing itself.
l) You agree not to abuse whether verbally or physically or whether in person, via email or telephone or otherwise (i) any other member of GameSwapHQ (ii) any employee or contractor of GameSwapHQ (iv) any other person.
m) You agree that GameSwapHQ will make the sole determination of any whether these abuse terms have been violated.
2.1.4 GameSwapHQ is an Online Service Provider as that term is defined under relevant Federal laws and serves only to facilitate the transmission of information between buyers, sellers and renters. You agree to use the GameSwapHQ Service in a manner that does not violate the laws of the United States or any other State, local or other applicable jurisdiction.
2.2 – GameSwapHQ Quality Assurance Review
2.2.1 Service - All trades made through the GameSwapHQ System are required to be transmitted via the United States Postal Service using official GameSwapHQ packaging. At no additional fee and in order to assure that all games traded through GameSwapHQ are of Top Quality, GameSwapHQ representatives personally examine each and every game submitted for proper operation, performance and authenticity. Any game not passing the GameSwapHQ Quality Assurance Review will be returned to the member that submitted the game and any trade involving the game is subject to cancellation by GameSwapHQ if the trade cannot otherwise be arranged by GameswapHQ with another member or, at the option of GameSwapHQ, from the GameswapHQ vault. The GameSwapHQ Quality Assurance Review is unique in the industry and is for you own protection. Once your game passes our inspection, your responsibility for the quality and condition of your game is complete. This reduces your risk in any trade and gives you the assurance that any game you trade or that you receive in any trade will not be released until all games involved in a trade pass this inspection. This process assures you that any game you trade or trade for has been inspected and tested by a neutral third party before your trade is considered final. GameSwapHQ disclaims all responsibility for all games once it passes our inspection. Upon release for shipping of all games involved in a particular trade, the trade is considered final and returns from any party to the trade will not be accepted. This added level of protection is an exclusive benefit to GameSwapHQ members for using the GameSwapHQ system for your trades.
2.2.2 Failure to Pass Inspection – Any game not passing the GameSwapHQ Quality Assurance Review will be returned to the member that submitted the game and any trade involving the game not passing inspection is subject to cancellation by GameSwapHQ. At the option of GameSwapHQ, the trade may be completed via arrangements with another member or, at the option of GameSwapHQ, from the GameswapHQ vault the trade may be reconfigured without notice or consent of the parties to the original trade. Any game that fails to pass inspection subjects the member to the possible cancellation of membership at the sole option of GameSwapHQ. Any membership fees paid at the time of the any membership cancelled under the terms of this sub-section are forfeited and are not subject to refund.
2.2.3 Shipment - All shipping costs for sending games to and from GameSwapHQ are paid by GameSwapHQ and are included with your membership. Please be sure to check your games before sending them to us for inspection. All games should be clean, fully functional and placed into approved GameSwapHQ shipping cases only. If you wish to trade a game with multiple disks, you will need to purchase additional shipping cases from GameSwapHQ for this purpose from our on-line store. All on-line store purchases are via GameSwapHQ points only. All games must be authentic properly licensed original software from the manufacturer – NOT A COPY – to pass inspection. We can tell the best copies from the originals so don't bother trying to send a copy – it will be rejected and you risk the cancellation of your membership as this it could be considered a violation of these policies to do so. Game makers and authors are our friends and deserve to be paid for their efforts. GameSwapHQ is a strong supporter of Copyrights and other Intellectual Property rights both domestic and International and we reserve the right to cancel any trade not in conformance with such third party rights.
2.2.3.1 Changes In Shipping Costs – All GameSwapHQ certified game cases are sent with current USPS shipping rates. USPS shipping rates may change during your ownership of the case. In the event this happens, you, the user, is responisble for paying the difference in postage payment required. GameSwapHQ will notify you using your registered email account, if USPS shipping rates change.
2.2.3.2 GameSwapHQ Points - GameSwap Points are necessary to purchase GameSwapHQ Apparel, Games, Game Systems and Accessories. GameSwapHQ points are earned by making trades. The more trades you make the more points you earn. The number of points that you earn in any given trade depends upon the number of trades that you have made, the availability of the game that you have traded and the number of games that you have listed in your profile. The number of points awarded to any member as the result of a transaction is at the sole discretion of GameSwapHQ. GameSwapHQ Points are non-transferrable and have no monetary value. Any cancellation of your membership for any reason will result in the cancellation of any points associated with the account that is cancelled. All sales of any merchandise via the GameSwapHQ on-line store are final. Any goods proven to be defective may be subject to the manufacturer's warrantee as applicable. Member must determine the suitability of the product for its intended use and assumes all risks of its use or handling. GameSwapHQ does not guarantee all items on the GameSwapHQ store will be in stock at all times.
2.2.4 Timing – From the time any trade is accepted by all parties to the trade you will have up to two business days to submit your game, in the approved mailing case, to GameSwapHQ. You will never be asked to send your game to anyone other than GameSwapHQ.
3.1 You hereby consent and agree that as to any information which GameSwapHQ may collect from you and/or maintain with respect to you, including but not limited to your account information, dates of service, address, records, usage statistics, site statistics, services used, related service purchases, correspondence to or from GameSwapHQ concerning you or your account, or other information which in GameSwapHQ sole judgment is reasonable, GameSwapHQ may disclose such information to public or private third parties as applicable law may require or permit. The decision as to whether to disclose such information as may be required, permitted or otherwise reasonable shall be within the sole discretion of GameSwapHQ and may include but shall not be limited to (1) compliance with court order, subpoena or other request of any State or Federal government, (2) compliance with the Electronic Communications Decency Act, (3) compliance with the Digital Millennium Copyright Act (3) compliance with the GameSwapHQ Terms of Service or other policies.
3.2 During and after the term of this agreement you agree to receive periodic emails from GameSwapHQ in regards to GameSwapHQ or partner products, services, your account, and system conditions, changes, updates or and schedules. You agree GameSwapHQ to contact you even after your account has been cancelled. An opt out option will always be available.
3.3 You agree to provide and at all times during the term of this agreement maintain true and accurate account information on file with GameSwapHQ specifically including your Name, Address, Email address, telephone number billing information and any other account information requested at any time during the sign up process. You further agree that the failure to provide or maintain such accurate information is a material breach of this agreement and subjects your account to termination.
4.1 Any notice under this agreement shall be given by GameSwapHQ to you via email at the address provided by you to GameSwapHQ at the commencement of your account or as GameSwapHQ is subsequently advised. Notice to you at this address is deemed sufficient regardless of your receipt of such email. If you wish to update your email address you should do so by accessing the account information section of your GameSwapHQ user profile.
4.2 Any notice by you to GameSwapHQ shall be made by United States certified mail and is effective only upon receipt by GameSwapHQ of any such notice. To the following address:
GameSwap HQ, LLC
P.O. Box 280280
Northridge, CA 91328-0280
Sections 3 - 14, inclusive, of this agreement shall survive the termination of this agreement and shall remain in full force and effect after any such termination.
6.1 GameSwapHQ makes every reasonable effort to maintain operation of the GameSwapHQ service however because as many events and circumstances are beyond the control of GameSwapHQ, GameSwapHQ does not in any way warrant or otherwise guarantee the availability of the GameSwapHQ system or servers and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of GameSwapHQ. GameSwapHQ is not responsible for any lost, stolen or otherwise missing, damaged or defective games.
6.2 THE GAMESWAPHQ SERVICE IS PROVIDED TO YOU ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
6.3 In general, GameSwapHQ has no control over information contained on the Internet. Information obtained by you from the Internet may be inaccurate, offensive or in some cases even illegal. GameSwapHQ accepts no responsibility for any information which you receive from the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you obtain from the Internet as well as the reputation of the individuals with whom you may deal. GameSwapHQ provides no warrantee for any goods or services which you obtain over the Internet nor the compatibility of any such services with the GameSwapHQ system.
6.4 You specifically hereby waive any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of any action taken in response to any claim of copyright infringement without regard to whether or not the material claimed to have been infringing is later found to be infringing. You hereby further waive any claim of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of any lost, stolen or otherwise missing, damaged or defective games.
6.5 THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU TO GAMESWAPHQ IN THE THREE MONTHS IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY. IN NO EVENT SHALL GAMESWAPHQ BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.
7.1 You agree to fully defend and indemnify and hold harmless GameSwapHQ of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this agreement or your negligence whether active or passive or any negligence of GameSwapHQ in any way related to your use of the GameSwapHQ services or any portion thereof.
7.2 You agree to fully defend and indemnify and hold harmless GameSwapHQ of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to your use of the GameSwapHQ service or any portion thereof. Choice of counsel remains exclusively that of GameSwapHQ.
7.3 You agree that upon the assignment of your user ID and password that you will maintain the confidentiality of your account information and assume all responsibility of and from any loss, theft or other destruction of any data as the result of any access to your account via the use of your user ID. You further agree to defend and indemnify and hold harmless GameSwapHQ of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any claim for damages in any way related to the disclosure of your confidential User ID and Password information. Choice of counsel remains exclusively that of GameSwapHQ.
Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.
Software available in connection with and through the GameSwapHQ services is subject to United States export controls. Software downloaded or otherwise obtained from GameSwapHQ may not be exported or re-exported in violation of U.S. export laws. Downloading or using the any downloaded Software or software component is at your sole risk.
Your rights under this agreement may be assigned only upon prior notice and express approval by GameSwapHQ. GameSwapHQ may assign its rights hereunder to any person or entity who shall become a principal owner, or shareholder of GameSwapHQ. Any other attempted transfer or assignment of rights hereunder shall be null and void ab initio.
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.
This Agreement shall be interpreted under the laws of the State of California without regard to any conflict of laws provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be venued in the Superior Court of the State of California, County of Los Angeles . The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.
Notwithstanding any other provision of this agreement, GameSwapHQ is not your agent, partner or joint venturer in any respect.
GameSwapHQ may without advance notice amend this Agreement from time to time, and will do so by posting the new Agreement on the GameSwapHQ web site in place of the old. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts. Your agreement to the new terms shall be evidenced by your continued use of the GameSwap HQ Services or Site. Should you not agree to any such change you may cancel your account by contacting our customer service representatives us at http://www.GameSwapHQ.com/contact/contact.php.
15.1 Copyright Infringement Claims - Any notice concerning any claim of copyright infringement should be addressed to GameSwapHQ, Inc. – COPYRIGHT AGENT, GameSwap HQ, LLC, P.O. Box 280280, Northridge, CA 91328-0280. GameSwapHQ, Inc. reserves the right to terminate the account of any member that is found in the sole judgment of GameSwapHQ, Inc. to be a repeat infringer.
15.2 California - Pursuant to the terms of The Electronic Commerce Act of 1984 please be advised that as may be applicable to you under California Law if you are unsatisfied with the manner in which a complaint that you may have regarding the GameSwapHQ service you may contact the complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at 1-916-445-1254.
Version 1.03.050312
© 2012 GameSwapHQ,LLC. - All Rights Reserved.