Site Terms of Service, an Enforceable Legal Agreement. As of November 12, 2014
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by GamersTurn.com, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
By using the Sites, you agree that the laws of your state, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and GamersTurn.
Your GamersTurn.com Account.
If you register on the Sites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. GamersTurn does sell products for children, but it sells them to adults who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Sites only with involvement of a parent or guardian. GamersTurn reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. GamersTurn reserves the right to change, suspend, or discontinue all or any aspects of the Sites at any time without prior notice.GamersTurn does not knowingly collect information from children, including those less than thirteen years of age. If you are a child, do not submit any information to GamersTurn. If a parent, guardian, or other concerned person becomes aware that we have collected information from a child, including one less than 13 years of age, please contact us promptly and we will take steps to delete and remove any such information.
User Prohibited From Illegal Uses
User shall not use, and shall not allow any person to use, the Site or Services in any way that violates a federal, state, or local law, regulation, or ordinance, or for any disruptive, tortious, or illegal purpose, including but not limited to harassment, slander, defamation, data theft or inappropriate dissemination, or improper surveillance of any person.
User represents and warrants that:
- User will use the Services only as provided in these Terms;
- User is at least 13 years old and has all right, authority, and capacity to agree to these Terms;
- User will provide accurate, complete, and current information to the Site and its owner(s);
- User will notify the Site and its owner(s) regarding any material change to information User provides, either by updating and correcting the information, or by alerting the Site and its owner(s) via the functions of the Site or the email address provided below.
Payment and Renewal.
- General Terms.
By selecting a product or service, you agree to pay GamersTurn.com the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
- Automatic Renewal.
Unless you notify GamersTurn.com before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to GamersTurn in writing.
- General Terms.
- Fees; Payment. By signing up for a Services account you agree to pay GamersTurn.com the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. GamersTurn reserves the right to change the payment terms and fees upon ten (10) days prior written notice to you. Services can be canceled by you at anytime on ten (10) days written notice to GamersTurn.
- Support. If your service includes access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by GamersTurn to respond within one business day) concerning the use of the VIP Services. “Priority” means that support takes priority over support for users of the standard or free Gamersturn.com services. All support will be provided in accordance with GamersTurn standard services practices, procedures and policies.
Errors on the Sites
Prices and availability of products are subject to change without notice. In the event a product price is listed incorrectly due to typographical error or error in pricing information received from our vendors, GamersTurn shall have the right to refuse or cancel any orders placed for any product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, GamersTurn will immediately refund the amount charged to your credit card.
Order Policy & Shipping
Pricing and promotions on GamersTurn.com may vary from that of affiliated sites.Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. GamersTurn reserves the right at any time after receipt of your order to accept or decline your order for any reason. GamersTurn reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verification or information before accepting any order. All orders placed on this Site are subject to product availability. All items purchased from GamersTurn are sent by a third-party carrier pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. If you are not fully satisfied with your purchase, you may return it in accordance with GamersTurn.com’s Return Policy.
Site Content and Information
The Sites contain information, advice, text, and other materials that are provided for your convenience and enjoyment. You should be aware that the information might contain errors, omissions, inaccuracies, or outdated information. GamersTurn makes no representations or warranties as to the completeness, accuracy, adequacy, currency, or reliability of any information and shall not be liable for any lack of the foregoing. Descriptions of, or references to, products within this Site does not imply endorsement of that product and are not warranted to be accurate, complete, current, or error-free. If a product offered by GamersTurn is not as described, your sole remedy is to return it according to GamersTurn.com’s Return Policy. This website and/or certain activities provided via the website may be covered by U.S. Patent 6,091,956.
Distributing User Content
GamersTurn may allow users to the Sites to post reviews and comments (“Content”) on products, articles and/or news featured on the Sites. By submitting such Content, you automatically agree and promise that all Content is accurate and original and that, without any particular time limit, and without the payment of any fees, GamersTurn and anyone GamersTurn permits may reproduce, display, distribute and create new works of authorship in any media, based on and including the Content. Additionally, you grant GamersTurn the right to use the name you submit in connection with such Content.
No Endorsement of User Content. Users to the Sites are prohibited from posting through the Sites any harmful, vulgar, obscene, profane, sexually explicit, abusive, threatening, privacy invading, libelous, racially, ethnically, or otherwise objectionable or unlawful content of any kind, or that infringes or may infringe on the intellectual or other rights of another. You acknowledge that GamersTurn does not endorse or pre-screen content, but that GamersTurn and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move, or remove any content that is available via the Sites. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Content posted by you.
Copyright Infringement and DMCA Policy.
All screens appearing on the Sites including graphics, text, design, buttons, logos, images, and icons, as well as the selection, assembly, and arrangement, are the sole property of GamersTurn or its suppliers and/or licensors, and are protected by U.S. and international copyright laws. The content on the Sites is only for the purpose of shopping on the Sites or placing an order and for no other purpose. Any other use, including modification, reproduction, uploading, posting, transmission, or distribution in any form or by any means without GamersTurn’s prior written permission, is strictly prohibited. All software used on the Sites is the sole property of GamersTurn or those supplying the software.
GAMERSTURN.COM, GameTurn are trademarks or registered trademarks of Online Hosted Brands Group powered by ZDC Corporation. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Sites are trademarks or trade dress of GamersTurn in the U.S. and other countries or are the property of their respective owners.
All rights not expressly granted herein are reserved.
This Agreement does not transfer from GamersTurn to you any GamersTurn or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with GamersTurn. OHB Group, gamersturn.com, the gamersturn.com logo, and all other trademarks, service marks, graphics and logos used in connection with gamersturn.com, or the Website are trademarks or registered trademarks of OHB Group or GamersTurn licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any GamersTurn or third-party trademarks.
GamersTurn reserves the right to display advertisements on any section of its Site unless you have purchased an ad-free account
By activating a partner product (e.g. game) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
GamersTurn reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. GamersTurn may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Disclaimer of Warranties.
THESE SITES ARE PROVIDED BY OHB GROUP ON AN “AS IS” BASIS. GAMERSTURN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITES. GAMERSTURN DOES NOT WARRANT THAT THE SITES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, OHB GROUP’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM GAMERSTURN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GAMERSTURN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GAMERSTURN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, BREACH OF SECURITY, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH GAMERSTURN WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY BE INAPPLICABLE TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
The Website is provided “as is”. GamersTurn and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither GamersTurn nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability.
In no event will GamersTurn, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to GamersTurn under this agreement during the twelve (12) month period prior to the cause of action. GamersTurn shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty.
You agree to indemnify and hold harmless GamersTurn, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between GamersTurn and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of GamersTurn, or by the posting by GamersTurn of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the USA, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in USA. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in USA, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; GamersTurn may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.