VideoGame.Codes’s Terms and Conditions
These Terms and Conditions regulate the relationship between you and VideoGame.Codes, and cover your use and access to the Online Shop. By clicking on the “Accept” button, or accessing or otherwise using the Online Shop, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions and any other legal agreements that apply to you as a VideoGame.Codes’s Account holder, as amended from time to time. If you do not agree with these Terms and Conditions, you must stop using or accessing the Online Shop immediately. If you are using the Online Shop on behalf of a third party including, but not limited to a business entity, you warrant that you are authorized and have the authority to bind that third party to these Terms and Conditions.- Definitions
The following terms are used throughout these Terms and Conditions and have specific meanings.- “Account” means the account that Users may create through the Online Shop to use the Services.
- “Add-On Keys” means any digital Program with additional or enhanced functionality, special weapons or characters, virtual currency, or subscription access to content or services intended to be accessed or used within a particular Program.
- “Agreement” and “Terms and Conditions” collectively mean all of the terms, conditions and notices contained or referenced in this document (as amended from time to time) and all other VideoGame.Codes rules, policies available on the Online Shop (including, but not limited to, VideoGame.Codes’s Privacy Policy, guidelines and procedures that may be published from time to time on the Online Shop).
- “Buyer” means a person that contacts, engages and/or aims to purchase a Program sold by a Seller through the Online Shop.
- “VideoGame.Codes” means a serial number or a code that is used to register and activate a specific Program and which will be provided to you in the Confirmation Order upon successful payment of a Program Price.
- “VideoGame.Codes’s Content” means any content (including but not limited to: the name, trademark, and logo of VideoGame.Codes; all information about VideoGame.Codes and its employees; any text, correspondence, photographs, graphics, applications; any video recordings, audio recordings, sounds, designs, features, and other materials) generated by and/or belonging to VideoGame.Codes.
- “VideoGame.Codes”, “Logical Art Media Group”, “we” and “us” collectively mean Logical Art Media Group - a private company incorporated under the laws of Logical Art Media Group, having its principal place of business at Logical Art Media Group - as well as our affiliates, directors, subsidiaries, officers, and employees. VideoGame.Codes is a brand name which is wholly owned by Logical Art Media Group.
- “Confirmation Order” means any and all written or electronically transmitted confirmation orders sent by VideoGame.Codes to Buyers in relation to Programs. A Confirmation Order may contain, including without limitation: the VideoGame.Codes; Program Price, payment terms; the details of the Program; details of the publisher and developer of the Program; and any special condition.
- “Content” means any content submitted, generated, featured, displayed through the Online Shop, including but not limited to: any Program details; any text, correspondence, graphics, software, applications, video recordings, audio recordings, sounds, company logos, photos, designs, features, User reviews and other materials that are available on the Online Shop. Content includes, without limitation, User Content which may be submitted by a User for the purpose of using VideoGame.Codes’s services.
- “Online Shop” means VideoGame.Codes’s platform, any online tool provided, processed and/or maintained by VideoGame.Codes (including, but not limited to: VideoGame.Codes’s website located at https://www.VideoGame.Codes; all subpages and subdomains related to https://www.VideoGame.Codes; any related domain and any mobile application offering access to, or facilitating the provision of, the Services).
- “Privacy Policy” means VideoGame.Codes’s privacy practices in relation to the use of the Online Shop which is available at https://www.VideoGame.Codes/privacy-policy.
- “Program” means any and all digital or virtual games, software (business and consumer), related digital products, including Content and Add-On Keys, or services which are made available through the Online Shop. Program includes Buyer’s software used to access the Program, documentation, ads, services, technology, any content, data and other digital materials included in or made available through a Program (including after downloading or initially accessing it), or through any updates and other changes and versions of the Program.
- “Program Price” means the total amount set out in the Confirmation Order chargeable by VideoGame.Codes to Buyers for the purchase of a Program.
- “Seller” means a person or a company that contacts, engages and/or aims to sell a Program through the Online Shop. A Seller may be the publisher and/or developer of a Program.
- “Seller Services” means any services provided by Sellers in relation to a Program, including without limitation, the provision of Programs along with any additional technical and support services provided by Seller in accordance with the Seller Agreement.
- “Seller Agreement” means the terms and conditions of a Seller and/or an agreement that will be entered into between a Buyer and a Seller to formalize their arrangement, specifying the key terms of their engagement such as an end user license agreement specific to a particular Program.
- “Service” means the online and/or offline services, provided by VideoGame.Codes for the provision and use of the technology that VideoGame.Codes has developed to facilitate the access of Buyers to a variety of Programs, Sellers and Seller Services, including without limitation, providing access to VideoGame.Codes’s online community, communication tools and payment services.
- “Third Party Content” means any content that belongs to or originates from parties other than VideoGame.Codes, Sellers and Buyers.
- “User Content” means any content, written or otherwise, created, submitted, generated, featured, displayed through the Online Shop (including but not limited to, any text, correspondence, and photographs) by Users while using the Online Shop.
- “User”, “you” and “your” collectively mean the person, company, or organization that has visited or is using the Online Shop and/or the Service. A User may be a visitor of VideoGame.Codes, an Account holder, and/or a Buyer.
- About VideoGame.Codes and Online Shop
2.1 VideoGame.Codes is an online/internet platform that connects Buyers with Sellers to facilitate the sale and purchase of various Programs. The Online Shop provides access to a variety of Programs and facilitates the transaction between Sellers and Buyers.2.2 You understand and agree that VideoGame.Codes acts as an intermediary between Buyers and Sellers and that any offer and/or sale performed through the Online Shop are made between particular Seller and Buyer while VideoGame.Codes only facilitates such transactions by means of establishing and maintaining the Online Shop’s functionalities and providing certain Services to the Users aimed at improving safety, speed and certainty of the transactions.2.3 Buyers understand, agree and acknowledge that any transaction and/or agreement entered into with a Seller, as a result of your use of the Services whether oral or written, is between you and the Seller only, and VideoGame.Codes is not a party thereto. Notwithstanding these Terms and Conditions, Buyers may be required to enter into contractual agreements with Sellers and/or accept the Seller’s terms and conditions in order to purchase a Program. In such an instance, VideoGame.Codes shall not be a party to the Seller Agreement and shall not be responsible for performing the obligations of the Seller Agreement between Buyers and Sellers. VideoGame.Codes disclaims all liability arising from or related to any such Seller Agreement.2.4 You agree and acknowledge that VideoGame.Codes does not own, sell, resell, furnish, provide, rent, re-rent, and/or host any Program and/or Seller Services and that Sellers shall solely be responsible for Seller Services and/or Programs.2.5 VideoGame.Codes provides Buyers with its Services free of charge. VideoGame.Codes may however charge a fee to Sellers in relation to each Product following the successful payment of the Program Price.2.6 VideoGame.Codes does not endorse any Seller over another to service a Buyer. While we try our best to verify Seller’s information, conducting a due diligence and using commercially reasonable efforts to confirm that Sellers are licensed and maintain the required governmental approvals to provide Seller Services, we do not make any warranty, guarantee, or representation as to the licensing, ability, competence, compliance, or qualifications of any Seller.2.7 Although VideoGame.Codes requires Sellers to provide accurate information about themselves and Programs, we do not confirm, and shall not be responsible for, any Program details or any Seller’s purported identity. Buyers agree to independently research and evaluate the Programs and Sellers.2.8 From time to time, promotions such as sales and giveaways promotions may be offered via the Online Shop. Any such promotions may be modified or discontinued by VideoGame.Codes at any time without prior notice.2.9 The Online Shop may not be available in your country and VideoGame.Codes may modify, suspend or discontinue the Online Shop, in whole or in part, at any time without notice.- Changes to the Terms and Conditions
3.1 You agree that VideoGame.Codes may amend this Agreement from time to time, and at VideoGame.Codes’s sole discretion. Although we will use our best endeavors to notify you of any amendment to this Agreement, we will not be required to provide you with prior notification of such amendments or changes to this Agreement.3.2 Upon any amendment or change to this Agreement, we will publish the amended Agreement on the dedicated link available at our Online Shop. Your continued use of the Online Shop and/or the Service, after the publication date of a revised version of this Agreement, constitutes your acceptance of its terms.3.3 You agree and undertake to review our Terms and Conditions each time you visit our Online Shop and/or prior to your use of any Services. If you do not agree to our Terms and Conditions, as updated from time to time, you undertake to cease using our Online Shop and/or Services immediately.- Eligibility, Account Registration and Security Checks
4.1 If you would like to use our Services, you may be required to create a personalized Account by using your name and email address. Users can also create an Account using their existing Google and Facebook accounts. Each Account should have a unique username and a password. 4.2 Each User is responsible for maintaining the security of its Account and for all activities that occur under the Account and any other actions taken in connection with the Account. You undertake to provide accurate and complete information and keep your Account information and your Account updated. You may not share your password with unaffiliated third parties. You agree to notify VideoGame.Codes immediately of any unauthorized use of Account, or any other breaches of security. You are fully responsible for all uses of your password, Account and username, or registration, whether by you or others. We are authorized to act on instructions received through use of your Account or registration, and are not liable for any loss or damage arising from your failure to comply with this clause.4.3 Your Account, including any information pertaining to it (e.g. contact information, billing information, VideoGame.Codes details, Account history etc.), is strictly personal to you. You may therefore not sell or charge others for the right to use your Account, or otherwise transfer your Account, unless expressly permitted by this Agreement.4.4 By creating an account or using the Online Shop, you consent to us contacting you about your interest in our Services by email, phone, or through any other contact information you have chosen to provide. Users wishing not to receive offers from us may notify us at any time via one of the contact methods listed in the Contact Us section on the Online Shop.4.5 All Buyers are required to verify their phone number, using our automated verification system, in order to access the purchased Programs. Any information provided in relation to this process will be subject to the Privacy Policy. The numbers provided are used solely for the purpose of identity verification and are not used for any marketing purposes. We reserve the right to: request additional information from the Buyer, such as a valid ID copy, in order to verify the Buyer’s identity; and to decline or refund any order we believe to be fraudulent. The use of a VPN, Proxy, VoIP number, or any other means of concealing the true location of the Buyer, will lead to delays, likely ID check and possible cancellation of the associated order(s). The phone number that a Buyer provides may be subject to geographic location checks in order to verify the authenticity of the order. All such location data will be retained for 24 hours, following which it will be expunged from the records of VideoGame.Codes.4.6 We reserve the right to suspend or terminate your Account at any time, including if any User Content or information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Services that violates this Agreement.- User Conduct and Restrictions
5.1 You agree, acknowledge and understand that all Programs on sale through the Online Shop are distributed electronically. There are no boxes nor any DVDs to be delivered to you physically. You will receive a fully legitimate, electronic VideoGame.Codes for the Program that you purchase. You understand that upon receipt of the VideoGame.Codes, you are required to activate the Program on a proper platform, e.g. Steam, Origin, Uplay or other.5.2 VideoGame.Codes’s unique system allows for instant and automatic allocation of VideoGame.Codes. Once you complete the Program Price and pass the security checks, the VideoGame.Codes will be made available on your Account and relevant email account. VideoGame.Codes shall not be responsible for any loss or damage resulting from lost or stolen VideoGame.Codess or use of VideoGame.Codess without our permission.5.3 When you purchase a Program through the Online Shop, you agree, acknowledge and understand that you are purchasing a license to use that Program from the Seller (and/or the respective licensors) and that you do not take ownership of the Program. For any Programs that you purchase through the Online Shop, you are granted a limited, non-exclusive, non-transferrable, personal license to use such Programs by the Sellers and/or the respective licensors. Aside from this license, the Sellers, and/or the respective licensors, reserve all rights, interests and remedies in relation to that Program.5.4 Some Programs, available through the Online Shop, may have specific rules on how they may be used. For instance, when you purchase a Program, you may be restricted to downloading and/or using the Program: (i) in your country of residence only; (ii) with the purchasing Account only; (iii) during a limited period or periods only; (iv) with certain compatible computer systems and/or other devices only; and/or (v) with a certain number of compatible devices that are associated with the purchasing Account only.5.5 Users agree that they will not, under any circumstances, transmit any Content that: (i) is unlawful or promotes unlawful activity; (ii) defames, harasses, abuses, threatens, or incites violence towards any individual or group; (iii) is political, anti-national, anti-governmental, pornographic, discriminatory, or otherwise victimizes or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (iv) is spam, constitutes unauthorized or unsolicited advertising, or any other form of unauthorized solicitation; (v) contains or installs any viruses, worms, malware, Trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of the Online Shop or any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of VideoGame.Codes and/or any third party; (vi) infringes on any proprietary right of VideoGame.Codes and/or any third party, including patent, trademark, trade secret, copyright, right of publicity, or other rights; (vii) impersonates any person or entity, including any of our employees or representatives or any User; or (viii) violates the privacy of VideoGame.Codes and/or any third party.5.6 Users may not use the Programs, Content and Services for any purpose other than the permitted purpose under this Agreement (and/or the Seller Agreement). Except as otherwise permitted under this Agreement (and/or the Seller Agreement), you may not, in whole or in part, copy, photocopy, reproduce, publish, distribute, translate, reverse engineer, derive source code from, modify, disassemble, decompile, create derivative works based on, or remove any proprietary notices or labels from the Programs or any software accessed via Online Shop without the prior consent, in writing, of the respective Seller.5.7 You are entitled to use the Programs for your own personal use, but you are not entitled to: (i) sell, grant a security interest in or transfer reproductions of the Programs to other parties in any way, nor to rent, lease or license the Programs to others, without the prior written consent of the Sellers, except to the extent expressly permitted elsewhere in this Agreement (and/or the Seller Agreement); or (ii) exploit the Programs or any of its parts for any commercial purpose, except as expressly permitted elsewhere in this Agreement (and/or the Seller Agreement).5.8 We have the right to, in our sole discretion, determine whether or not any User conduct is appropriate and complies with these Terms and Conditions. You agree that we have the right to terminate or deny access to (and use of) any Account and/or Service for any reason, with or without prior notice.- Programs
6.1 Upon payment of a Program, you may download and access a copy of that Program, as applicable, for personal use. It is the Buyer’s responsibility to ensure, before purchase of a Program, that their device meets any minimum system requirements for the use of that Program, including any requirement made available on the Program detail pages on the Online Shop. Some Programs require the input of a license key, as made available, in order to install or activate the Program.6.2 The Buyer is responsible for any internet or other connection charges incurred in connection with a download, access, and use of the Online Shop and any Program, including any free trial versions.6.3 Free trial and other limited versions of the Programs may be offered to preview Programs prior to purchase. These versions may have limited features, may restrict permitted time of use, and may contain other limitations. We may withdraw access to free Programs or subscription trials at any time without notice.6.4 Some Programs are made available for download to your computer or other local device, whilst other Programs are hosted on external servers and are made available for use over the internet via User software or web page links. In case of use of such a Program or any Add-On Keys, you may be required to create an account with the applicable Seller or other third party (such as a game platform provider) and you may need to link that account to your VideoGame.Codes Account. Any information you provide to the Seller or other third party will be subject to the Seller’s Terms and Conditions, or third party's terms and conditions, and will not be subject to the VideoGame.Codes’s Terms and Conditions or Privacy Policy.6.5 Seller platforms are hosted and maintained by the applicable Sellers or by another third party. We do not guarantee that any Seller platform will be available, or remain available to you, and we are not responsible for any downtime of a Seller platform.6.6 Add-On Keys are subject to any use, access and other restrictions described on the Add-On Program detail page on the Online Shop or otherwise provided in this Agreement. Some Add-On Keys are consumables, such as virtual currency, and can be downloaded only once and used on only one device. If you purchase an Add-On Program, that is a subscription or start a free trial for such a subscription, and unless you set your subscription settings not to automatically renew, we may automatically continue your subscription at the regular subscription price using a payment method we have on record for you.6.7 Once you purchase a Program and we, or the Seller, make it available to you, you are responsible for downloading (if applicable) and confirming your ability to access the Program, including retrieving the license key for the Program, if applicable, and you shall bear all risk of loss thereafter, including any loss due to a computer or hard drive malfunction. If you are unable to complete a download or access a Program, please contact VideoGame.Codes’s customer service for assistance at [email protected].6.8 We may provide age restrictions and ratings for Programs that Sellers or third parties provide to us. Whilst we require Sellers to provide accurate information, regarding the content of their Programs, we cannot ensure that Program ratings are accurate or that Programs do not include content that is offensive, indecent or objectionable. We accept no liability for any Program content that you find to be offensive, indecent or objectionable.- User Content
7.1 We are not responsible for any display or misuse of your User Content. You are solely responsible for the content of, and any harm resulting from, any User Content that you submit, post, upload, link to or otherwise make available on the Online Shop while using the Service. You acknowledge that any liability, loss or damage that occurs as a result of any such User Content is solely your responsibility. You further undertake and agree to indemnify and hold us (and any third party) harmless from any liability, loss or damage that may occur as a result of any such User Content.7.2 From time to time, Buyers may submit reviews of Sellers and/or Programs; these reviews do not constitute a guarantee, warranty, or prediction regarding the outcome of any future Seller Service and/or Program. VideoGame.Codes shall be under no obligation to display such reviews and may remove such reviews at any time at its sole discretion. VideoGame.Codes will have no responsibility or liability of any kind for any review you encounter on or through the Online Shop, and any use of or reliance on such reviews is solely at your own risk.7.3 All Content posted on the Online Shop, such as blog posts or reviews, is provided for informational purposes only, with no assurance that such Content is true, correct, or accurate.7.4 Users represent and warrant that they have the right to post all User Content they submit. Specifically, Users warrant that they have fully complied with any third-party licenses relating to User Content (if applicable), and have taken all steps necessary to pass through to end users any required terms.7.5 Users agree and acknowledge that VideoGame.Codes has the right to, at its sole discretion, view and monitor any User Content, and to determine whether or not any User Content is appropriate and complies with these Terms and Conditions, or refuse or remove any User Content that, in VideoGame.Codes’s reasonable opinion, violates any VideoGame.Codes policy or is in any way harmful, inappropriate, or objectionable. You further agree that VideoGame.Codes has the right to make formatting, edits and other changes to the User Content or the manner any User Content is displayed on the Online Shop.7.6 Except for Content that originates from VideoGame.Codes, we do not claim ownership of any Content that you post, upload or link to. You retain all ownership of, control of, and responsibility for the User Content you post. By posting any Content, including without limitation photos, videos, recordings, company logos and reviews via the Online Shop, you expressly grant VideoGame.Codes and our successors a worldwide, sub-licensable, fully-paid and royalty-free, and non-exclusive license to use, reproduce, display, modify, adapt, and distribute the Content in connection with VideoGame.Codes’s business and marketing purposes.- Payments
8.1 Buyers undertake to pay the Program Price to VideoGame.Codes as specified in the Confirmation Order. Buyers are responsible for providing a valid means of payment, including, without limitation, MasterCard, Maestro, Visa, American Express, Diners Club, Discover, PayPal, Sofort, Skrill, Alipay, Apple Pay, Giropay, Neteller, Bitcoin, iDEAL. etc.8.2 An online payment may be governed by a Seller’s Terms and Conditions in addition to this Agreement. You undertake to review such Seller’s Terms and Conditions prior to making any payment on VideoGame.Codes and any online payment made by a Buyer shall be deemed to constitute evidence of the Buyer’s acceptance of such Seller’s Terms and Conditions and related privacy policy.8.3 Buyers agree and acknowledge that the Program Price (or part thereof) is not refundable.8.4 After a Buyer successfully makes a payment to VideoGame.Codes, VideoGame.Codes shall send confirmation of the amount received. The Seller shall issue an invoice for this transaction, to VideoGame.Codes. Upon request and upon receipt of such invoice from the Seller, VideoGame.Codes shall send an invoice to the buyer. 8.5 Buyers agree and acknowledge that VideoGame.Codes has the right to delay or decline purchases of any Program for any reason. Limits may apply to the amount and number of Programs you can buy through the Online Shop. 8.6 We offer refunds on a discretionary basis, and each refund request is looked at individually. We do our best to provide a refund where possible, but please note that games that have been played or keys that have been redeemed are ineligible for a refund. Refund requests have to be submitted within 7 days of the delivery of the key by the Vendor to the Purchaser or Customer.8.7 If a purchase has been made through Crypto and exceeds 90 days or has been made through other available payment methods (PayPal, Checkout, Apple Pay, Google Pay, etc.) and exceeds 120 days, we will be unable to refund back to the original payment method, as per the payment processor’s capabilities. We may be able to refund the value in gift card or VGCoin. This is only providing all other terms and conditions are met, and the refund is accepted.8.8 The buyer acknowledges they are of appropriate age both for the game and its content, and have the authorisation of the card holder (or payment method) to make the purchase.If you are unhappy with your purchase for any reason, please get in touch with us by logging a support ticket at support.VideoGame.Codes.- Pre-Orders
9.1 Buyers may pre-order Programs through the Online Shop. Buyers agree and understand that they are required to pay for the pre-order Programs on the date of the order but the Program will be sent to the Buyer on the date indicated on the Online Shop.9.2 Although VideoGame.Codes shall use its best endeavors to deliver the VideoGame.Codess for the pre-ordered Program prior to the official release date indicated on the Online Shop, VideoGame.Codes does not guarantee that the VideoGame.Codess for the pre-ordered Program shall be delivered prior to the official release date. VideoGame.Codes shall not be responsible for any delay and/or failure in connection with the delivery of any pre-ordered Program. VideoGame.Codes may only guarantee the delivery of the VideoGame.Codess that it receives from the Sellers.9.3 Buyers acknowledge that the price of the pre-ordered Program may vary from time to time. Buyers further acknowledge that the sale of the pre-ordered Program may be revoked for any reason, in which case the Program Price paid for the pre-ordered Program shall be reimbursed by the Seller.9.4 Where a purchase has been made through Crypto and exceeds 90 days or has been made through other available payment methods (PayPal, Checkout, Apple Pay, Google Pay, etc.) and exceeds 120 days, we will be unable to refund back to the original payment method, as per the payment processor’s capabilities. We may be able to refund the value in gift card or VGCoin. This is only providing all other terms and conditions are met, and the refund is accepted.9.5 Where possible, VideoGame.Codes will try to ensure that any pre-order bonus content is included within the product if mentioned on the product description page. However, there may be occasions when the bonus content is only available while stocks last and is not always guaranteed. Customers who pre-ordered are advised to regularly check their orders page to ensure they receive the bonus content as soon as the keys become available.- Third-Party Content
10.1 As part of the Service, VideoGame.Codes may provide you with convenient links to third party platform(s) as well as other forms of Third-Party Content. These links are provided as a courtesy to you and we have no control over third party platforms or content or the promotions, materials, information, goods or services available on them. We are not responsible for any Third-Party Content accessed through our Online Shop. If you decide to leave the Online Shop and access Third Party Content, you do so at your own risk and you should be aware that our Terms and Conditions and other policies no longer govern.10.2 For the avoidance of doubt, this Agreement does not authorize you to distribute, publicly display, publicly perform, make available, alter, or otherwise use any Third-Party Content.- Intellectual Property
11.1 VideoGame.Codes retains ownership of all intellectual property rights of any kind related to VideoGame.Codes, the Online Shop and Service, including applicable copyrights, patents, trademarks and other proprietary rights. Other trademarks, service marks, graphics and logos, used in connection with the Online Shop and the Service, may be the trademarks of other third parties. This Agreement does not transfer from us to you any VideoGame.Codes or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with us. We reserve all rights that are not expressly granted to you under this Agreement.11.2 Specifically, VideoGame.Codes, www.VideoGame.Codes, and all trademarks that appear, are displayed, or are used on the Online Shop from time to time or as part of the Service, are registered trademarks of VideoGame.Codes; and may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from VideoGame.Codes.11.3 If you believe that any material located on, or linked to by, VideoGame.Codes violates your copyright or other intellectual property rights, please notify us. We will terminate a User’s access to (and use of) the Online Shop if, under appropriate circumstances, a User is determined to be a repeat infringer of the copyrights or other intellectual property rights of VideoGame.Codes or others without necessary rights and permissions.- Email Communications
12.1 We use email and electronic means to stay in touch with our Users. You agree and understand that we may send you emails about future Services and/or updates on the Programs. Users wishing not to receive offers and updates from us may notify us at any time via one of the contact methods listed in the Contact Us section.12.2 For contractual purposes, Users (i) consent: to receive communications from VideoGame.Codes in an electronic form via the email address they have submitted or via the Online Shop; and (ii) agree that all Terms and Conditions, agreements, notices, disclosures, and other communications that, VideoGame.Codes provides to them electronically, satisfy any legal requirement that such communications would satisfy if it were in a physical writing or traditional mailing; and (iii) without prejudice to clause no.12.2(i) and no.12.2(ii), the Users undertake to comply with clause no. 16.5 for any notification purposes.- Termination
13.1 If you wish to terminate this Agreement, you may simply discontinue using VideoGame.Codes. If you wish to delete your Account data, please contact VideoGame.Codes at [email protected]. We will retain and use your information as necessary to comply with our legal obligations, to resolve disputes, and to enforce our agreements, and we will delete your full profile to the extent possible (if applicable).13.2 Your rights under this Agreement will automatically terminate without notice and without refund of any fees if you fail to comply with the terms of this Agreement.13.3 All provisions of this Agreement, which by their nature should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.- Disclaimer of Warranties
14.1 We make no representation or warranty that the information, we provide, or that is provided through the Service, is accurate, reliable or correct; that the Service, a Seller Service or Program will meet your requirements; that the Service will be available at any particular time or location; that the Service will function in an uninterrupted manner or be secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your use of information, Content or other material obtained from a Seller or the Service.14.2 You are solely responsible for all of your communications and interactions with the other Users, as applicable, and with other persons with whom you communicate or interact as a result of your use of the Services. You understand that VideoGame.Codes is not required to screen or inquire into the background of any Seller or Seller Services, nor does VideoGame.Codes make any attempt to verify the statements of Sellers.14.3 VideoGame.Codes makes no warranties, express or implied, with respect to Sellers and Programs and disclaims any warranty to the fullest extent available. VideoGame.Codes has no control over, and does not guarantee: the existence, quality, safety, or legality of any Program or Seller Services; the truth or accuracy of any Program details; the ability of Seller to undertake the Seller Services; or that the Seller Service will be available at any particular time, or location. VideoGame.Codes does not warrant or guarantee that any Seller Services offered through the Online Shop will meet a Buyer’s requirements. You agree to take reasonable precautions in all communications and interactions with other Users, and with other persons with whom you communicate or interact as a result of your use of the Services.- Release and Indemnification
15.1 Users agree to indemnify and hold harmless VideoGame.Codes from and against any and all claims, demands, actions, losses, damages, assessments, charges, third party liabilities, costs and expenses which may arise as a result of: (i) the Users’ use of the Online Shop and the Service or violation of this Agreement; or (ii) any injury, accident, health issues, physical or property damage, loss of profit, property or business reputation, or otherwise that may be caused as a result of their use of any Service, Seller Services and/or in connection with a Program; or (iii) errors, mistakes, or inaccuracies of User Content, and/or information available on or through the Online Shop; or (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted by you to or through the Online Shop; or (v) any dispute, conflict or disagreement between a Buyer and a Seller or a third party in connection with any Seller Services or Program.15.2 If you have a dispute with another User, you release VideoGame.Codes from any and all claims, demands and damages (actual and consequential) or losses of every kind and nature, arising out of such disputes.15.3 Buyers agree that VideoGame.Codes, and each Seller jointly and severally, have the power to file and pursue lawsuits against any Buyer in respect of any claims, demands, actions, losses, damages, fines, charges, liabilities, costs and expenses which have been suffered or incurred by VideoGame.Codes and/or a Seller, directly or indirectly, and that have been caused by the Buyer as a result of the Buyer’s use of any Service and/or Program.15.4 You agree that in no event will VideoGame.Codes be liable, responsible or otherwise, to you or to third parties for any damages or losses that may arise from: (i) the failure, interruption or disruption of any service to maintain your access to the Online Shop or the Services, regardless of whether the service is provided by VideoGame.Codes or a third party; or (ii) the quality, accuracy, timeliness, reliability, safety, performance of a Seller, Seller Services, Program and/or the Online Shop, completeness or delays, breach, omissions, or interruptions in the delivery of any Services, Program or Seller Services; or (iii) errors, mistakes, or inaccuracies of any Content, Program and/or VideoGame.Codes’s Content and/or information available on or through the Online Shop; or (iv) any unauthorized access to or use of our servers and/or any and all personal information stored therein, and/or any interruption or cessation of transmission to or from our servers, and/or any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Online Shop by any third party; or (v) any failure or delay in the execution of any transactions through the Online Shop and/or the Services or; (vi) any dispute, conflict or disagreement between a Seller and a Buyer or third parties in connection with any Services, Seller Services or Program; or (vii) any refund, loss of profits, loss of business reputation (whether incurred directly or indirectly), any injury or accident or physical or property damage or health issues, or otherwise that may occur to you as a result of your use of any Seller Services and/or in connection with a Program; or (viii) any intellectual property infringement that may arise from the use of a Program and/or Seller Services. - Miscellaneous
16.1 Governing Law: This Agreement between you and VideoGame.Codes and any access to or use of the Online Shop and/or the Service is governed by the federal laws of Canada. Any dispute which may arise between a User and VideoGame.Codes, pertaining to the implementation or interpretation of this Agreement, shall be amicably settled, failing which Courts of the Canada shall be the competent authority to settle the same.16.2 Severability: If any part of this Agreement is held invalid or unenforceable, that part of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of VideoGame.Codes to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.16.3 Assignability: VideoGame.Codes may assign or delegate its rights or obligations under these Terms and Conditions, and/or the VideoGame.Codes’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any of your rights or obligations, under the Terms and Conditions or Privacy Policy, without VideoGame.Codes’s prior written consent, and any unauthorized assignment and delegation by you shall be considered as null and void.16.4 Notices to Users: Reports, statements, notices and any other communications may be transmitted by VideoGame.Codes to Users via the email address specified by them in their Account. All communications and notices shall be deemed to be duly served to a User when electronically sent by VideoGame.Codes to the User at the email address specified in the User’s Account.16.5 Notices to VideoGame.Codes: Reports, statements, notices and any other communications may be transmitted by a User to [email protected]. All communications and notices shall be deemed to be received, or served (as applicable), to VideoGame.Codes when electronically received by [email protected].16.6 Gender Neutral: Wherever used herein and required by the context, the singular number shall include the plural, the plural shall include the singular number, and the use of either gender shall include both genders and the words “hereof” and “herein” and “hereafter” shall refer to the entire Agreement and not to any provision or section.You acknowledge that you have read, understood, and accepted to be bound by these Terms and Conditions.Affiliate Program Terms of Service
Agreement
By signing up to be an Affiliate in the VGC Staging 24 Affiliate Program ("Program") you are agreeing to be bound by the following terms and conditions ("Terms of Service").
VGC Staging 24 reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.
Account Terms
- You must be 18 years or older to be part of this Program.
- You must live in the United States to be an Affiliate.
- You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person - a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. VGC Staging 24 cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account.
- One person or legal entity may not maintain more than one account.
- You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You may not use the Affiliate Program to earn money on your own VGC Staging 24 product accounts.
Links/graphics on your site, in your emails, or other communications
Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to
VGC Staging 24. We may change the design of the artwork at any time without notice, but we won't change the dimensions of the images without proper notice.To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the
VGC Staging 24. You must ensure that each of the links between your site and the
VGC Staging 24 properly utilizes such special link formats. Links to the
VGC Staging 24 placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as "Special Links." You will earn referral fees only with respect to sales on a
VGC Staging 24 product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.Affiliate links should point to the page of the product being promoted.
Referral fees/commissions and payment
For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to
https://videogame.codes and complete an order for a product during that session.We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.Payments only begin once you've earned more than
$20 in affiliate income. If your affiliate account never crosses the
$20 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the
$20 threshold.
Identifying yourself as a VGC Staging 24 Affiliate
You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of
VGC Staging 24 or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.
Payment schedule
As long as your current affiliate earning are over
$20, you'll be paid each month. If you haven't earned
$20 since your last payment, we'll pay you the following month after you've crossed the threshold.
Customer definition
Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
Your responsibilities
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:- The technical operation of your site and all related equipment
- Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
- The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
- Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
- Ensuring that materials posted on your site are not libelous or otherwise illegal
- Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers.
Compliance with Laws
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
Term of the Agreement and Program
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to
https://videogame.codes, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program.
VGC Staging 24 reserves the right to end the Program at any time. Upon program termination,
VGC Staging 24 will pay any outstanding earnings accrued above
$20.
Termination
VGC Staging 24, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other
VGC Staging 24 service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
VGC Staging 24 reserves the right to refuse service to anyone for any reason at any time.
Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
Limitations of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
Disclaimers
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the
VGC Staging 24 will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Arbitration
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Miscellaneous
This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.The failure of
VGC Staging 24 to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and
VGC Staging 24 and govern your use of the Service, superceding any prior agreements between you and
VGC Staging 24 (including, but not limited to, any prior versions of the Terms of Service).