GamerValue User Agreement

Last updated: August 21, 2023

1. Introduction

1.1 – GamerValue is a platform that allows users to offer, sell, and purchase products. As a platform, GamerValue does not own or sell the items listed on this site. The actual contract for sale is directly between Buyers and Sellers. While GamerValue may assist in facilitating the resolution of disputes between Buyers and Sellers, GamerValue has no control over and does not guarantee: the existence, quality, safety, or legality of items advertised; the truth or accuracy of Users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

1.2 – This User Agreement (“Agreement”), the GamerValue Privacy Policy (available at www.gamervalue.it/policy), and all policies posted on our sites set out the terms and conditions under which GamerValue offers you access to and use of our sites, services, applications, and tools (collectively “Services”). This Agreement is entered into between you as a user of our Services (“User”) and GamerValue.it (“GamerValue” or the “Site”). All policies and the GamerValue Privacy Policy are incorporated into this User Agreement. You agree to comply with all the above when accessing and using our Services.

1.3 – Please be advised that this User Agreement contains provisions that govern how claims you and GamerValue have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below). It also contains an Agreement to Arbitrate, which will require you to submit claims you have against GamerValue to binding and final arbitration.

1.4 – Acceptance of the Agreement. By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a User. You shall be bound by the terms and conditions of this Agreement concerning your access or use of this Site and any further upgrade, modification, addition, or change to this Site. If you do not accept all the terms and conditions of this Agreement, please do not use this Site. You may not use the Site and may not accept the terms of this Agreement if (a) you are not of legal age to form a binding contract, or (b) you are a person barred from using the Site under Italian laws or other countries, including the country where you reside or from which you access the Site. Before proceeding, you should print or save a local copy of this Agreement for your records.

1.5 – Amendments. GamerValue may amend this Agreement and/or Site policies at any time, with or without notice to you, by posting the amended and restated Agreement or policy on the Site. The amended and restated Agreement and/or policy shall be effective immediately upon posting. Posting by GamerValue of the amended and restated Agreement or policy and your continued use of the Site shall be deemed to be an acceptance of the amended terms. This Agreement and Site policies may not be modified otherwise than in writing by an authorized official of GamerValue, in compliance with GDPR regulations.

2. Definitions

2.1 – Personal Data. Information referring to an identified or identifiable person.

2.2 – GamerValue Content. The information, text, images, video clips, directories, files, databases, or offers available on or through the Site are collectively known as “GamerValue Content.”

2.3 – Registered User. Each User who completes a registration form on the Site, providing personal details (like name, address, phone number, email, etc.), is recognized as a registered user (“Registered User”) of GamerValue. GamerValue will create an account (“Account”) for every Registered User, assigning a user alias (“User Name”) and password (“Password”) for log-in access to the Account.

2.4 – Third-Party Content. Certain GamerValue Content presented on the Site is provided by third parties, hence referred to as “Third Party Content.”

2.5 – Third-Party Rights. Any third-party copyrights, trademarks, patents, or other proprietary rights affecting or relating to content on the Site, including rights of privacy, are collectively called “Third Party Rights.”

2.6 – Transaction Risks. Risks assumed by Users when utilizing the Site or making transactions, including but not limited to:

1. Risks like product misrepresentation, fraud, poor quality, failure to meet specifications, dangerous or illegal products, delivery or payment delays or defaults, warranty breach, and contract breach.
2. Risks that the acquisition, import, display, offer, or sale of products might infringe upon Third Party Rights and the associated defense costs or other expenses in relation to third-party claims concerning these rights.
3. Risks that consumers or other end-users may claim damages or other liabilities from products originally sourced from the Site by Users.

2.7 – User. Anyone who accesses the Site, regardless of registration status with GamerValue. This definition encompasses both individual persons and legal entities represented by said persons.

3. Use of GamerValue

3.1 – General. Users are permitted to use the Site for personal or internal purposes. It’s prohibited to reproduce, download, or copy GamerValue Content for resale, redistribution, mass mailing, competing with GamerValue, or other commercial exploitation. Unauthorized systematic retrieval of GamerValue Content is also not allowed.

3.2 – Communications sent by Users using GamerValue’s communication systems or through external means (like email or fax) obtained from the Site should not include materials as outlined in Section 5.4.

3.3 – Any attempt to undermine GamerValue’s computer systems’ integrity or unauthorized access to these systems is strictly prohibited.

3.4 – Your privacy and Personal Data matter to us. We handle your Personal Data as per our Privacy Policy, which is GDPR compliant, detailing data collection, storage, use, sharing, and your rights concerning your data.

3.5 – We use essential cookies to ensure our site’s functionality. You can learn about these cookies in our Cookie Policy at www.gamervalue.it/about/cookie-policy.

3.6 – We also use optional cookies for analytics and advertising to enhance our services. For details on these cookies and their functionality, please refer to our Cookie Policy.

3.7 – Third Party Rights. You agree not to use our services in a manner that infringes upon Third Party Rights. GamerValue may terminate accounts of repeated infringers and reserves the right to terminate any account if the user’s actions are deemed detrimental to GamerValue or its stakeholders.

4. Registered Users

4.1 – Privacy. By registering as a User, you agree to be bound by our Privacy Policy. You also agree to the storage of your personal data in our database, in compliance with GDPR, and grant GamerValue the permission to share this data with other Users, in line with the terms specified in this Agreement.

4.2 – Access and Termination. GamerValue reserves the right to deny access to its Services or to suspend or terminate your account (and any accounts GamerValue identifies as connected to yours) if there’s a justified belief of any violation of our Terms by you, your content, or your service usage. You will be notified of such actions, unless repeated violations of our Terms have occurred or if there are legal reasons preventing us from informing you.

4.3 – Transfer Restrictions. Registered Users are prohibited from selling, trying to sell, or transferring their Account, Username, or Password to any third party without the prior written consent of GamerValue. Unauthorized transfers can result in suspension or termination of the offending account.

5. Posting on GamerValue

5.1 – To post information on the platform, you must be a registered user, using the provided tools.

5.2 – Relationship. No sales agency relationship is established between any User and GamerValue or its representatives by merely displaying a User’s information on the Site.

5.3 – User Representations. Every User assures that: a. The information they provide for display is truthful and up-to-date; and b. They will keep all provided information accurate and current.

5.4 – Content Guidelines. Users agree not to submit content that: a. Is deceptive or promotes illegal activities; b. Defrauds or aims to defraud other Users; c. Infringes upon the rights of third parties; d. Breaks any laws or regulations; e. Is defamatory or threatening; f. Contains explicit content or is harmful to minors; g. Promotes discrimination; h. Is unsolicited advertising or spam; i. Competes with GamerValue or results in penalties upon violation; j. Contains malware or harmful software; k. Refers to prohibited goods or services; or l. Might bring liability upon GamerValue.

5.5 – Third Party Rights. Users promise to have all necessary permissions for the content they post, ensuring no third-party rights are violated.

5.6 – License Grant. Users provide GamerValue a non-exclusive, global, continuous, royalty-free license to display and utilize the information they provide, adhering to the terms of this Agreement.

5.7 – Content Removal. GamerValue may remove any content it deems inappropriate or that violates this Agreement.

5.8 – Cooperation with Authorities. GamerValue may collaborate with authorities or third parties in investigations of suspected wrongdoing. This could include revealing a User’s identity if legally required. Users accept the risk of such actions and will not hold GamerValue responsible.

6. Interactions between Purchasers and Vendors

6.1 – Overview. GamerValue offers an electronic platform facilitating communication between purchasers (“Purchaser”) and vendors (“Vendor”) of goods and services.

6.2 – Users are exclusively accountable for the stipulations of their dealings initiated via or resulting from the use of the Website, encompassing but not limited to, specifications on payments, returns, guarantees, shipping, insurance, charges, taxes, titles, permissions, penalties, transportation, and storage.

6.3 – GamerValue neither represents the Vendor nor the Purchaser in particular transactions. Neither does it act as an intermediary for any party. GamerValue doesn’t have control over, nor does it assume liability for the quality, legality, availability, or the integrity of the products or services listed. Though GamerValue endeavors to verify the authenticity of its users, it cannot assure the veracity of each user’s identity. It is advised to employ discernment when transacting.

6.4 – Risk Assumption. Users hereby acknowledge their full assumption of all transactional risks. GamerValue disclaims responsibility for any potential damages or liabilities arising from these risks.

6.5 – Taxes. It is incumbent upon Users to settle all applicable sales, use taxes, or any other form of tax associated with their use of the Website.

7. Service Charges

7.1 – Vendor Charges. Our fee structure for availing our services can be found on the Vendor Fees & Disbursements page. GamerValue holds the discretion to amend its fees, with changes being preemptively announced on the Website 14 days ahead, barring temporary promotions.

7.2 – Purchaser Charges. Fees pertinent to payment processing are detailed on our Purchaser Payments page. Any modifications to our fee structure will be announced 14 days prior on the Website.

7.3 – Additional Provisions. All users must register a payment method when trading on GamerValue. Overdue accounts may be subject to additional collection mechanisms, including legal action. Refer to sections 8.2 and 8.3 for further details on penalties and reimbursement terms associated with this User Agreement.

8. Discrepancies among Users

8.1 – GamerValue as Mediator. In case of disputes between Users, they agree to submit the matter to GamerValue for a final and binding resolution, refraining from external arbitration while the issue remains unresolved on the platform.

8.2 – Reimbursement Obligation. Should a Vendor be obligated to reimburse a Purchaser or GamerValue, the Vendor accords GamerValue the authority to deduct said amount from their registered payment method.

8.3 – Penalties. In the unlikely scenario where GamerValue determines a User’s breach of this Agreement resulted in a dispute, said User authorizes GamerValue to impose a fine, amounting up to $150.00, on the User’s payment method.

8.4 – Disclaimer. Should a disagreement arise between one or multiple Users, you hereby agree to absolve and indemnify GamerValue, its representatives, and affiliates from all claims or damages connected to such disputes. By accepting this disclaimer, you renounce any protections that would otherwise limit its scope.

9. Disclaimer of Warranties; Limitation of Liability

9.1 – THE FEATURES AND SERVICES ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND GAMERVALUE HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.

9.2 – GAMERVALUE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE. GAMERVALUE DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND GAMERVALUE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITE.

9.3 – Any material downloaded or otherwise obtained through the Site is done at each User’s sole discretion and risk, and each User is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from GamerValue or through or from the Site shall create any warranty not expressly stated herein.

9.4 – Force Majeure. Under no circumstances shall GamerValue be held liable for any delay, failure, or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

9.5 – Each User hereby agrees to indemnify and hold harmless GamerValue, its affiliates, directors, officers, and employees, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly: a. From such User’s use of the Site, including but not limited to the display of such User’s information on the Site; b. From such User’s breach of any of the terms and conditions of this Agreement; c. From such User’s breach of any representations and warranties made by the User to GamerValue, including but not limited to those set forth in Sections 5.3, 5.4, and 5.5 above. d. As a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site.

9.6 – GamerValue and its affiliates, directors, officers and employees shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise, or any other damages resulting from any of the following: a. The use or the inability to use the Site; b. Any defect in goods, samples, data, information or services purchased or obtained from a User or a third–party service provider through the Site; c. Any claims or demands that User’s manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants; d. Unauthorized access by third parties to data or private information of any User; e. Statements, conduct, or material posted by Users of the Site, including defamatory, offensive or illicit material; or f. Any other matter relating to the Site.

9.7 – Right to assume defense and control. GamerValue reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with GamerValue in asserting any available defenses.

9.8 – GamerValue reserves the right to limit, deny or create different access to the Site and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. Each User acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall GamerValue or any of its affiliates, directors, officers, or employees be liable to the User or to any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise).

9.9 – Third-Party Content. GamerValue is not the author of Third Party Content, whether contributed by anonymous users or paid content providers. Neither GamerValue nor any of its affiliates, directors, officers or employees has entered into any sales agency relationship with such third party by virtue of our display of Third Party Content on the Site. Any Third Party Content is the sole responsibility of the party who provided the content. Neither GamerValue nor any of its affiliates, directors, officers or employees is responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User’s reliance on such Third Party Content. In addition, neither GamerValue nor any of its affiliates, directors, officers or employees is responsible for the conduct of any User’s activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User’s conduct.

9.10 – Third-Party Websites. GamerValue may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party’s website. User acknowledges that GamerValue has no control over such third party websites, does not monitor such websites, and neither GamerValue nor any of its affiliates, directors, officers or employees shall be responsible or liable to anyone for such website, or any content, products or services made available on such website. User is cautioned to read such websites’ terms and conditions and privacy policies before using such third party websites in order to be aware of the terms and conditions of your use of such websites.

9.11 – Regardless of the previous provisions, if GamerValue is found to have liability, its liability is limited to the greater of a) the amount of the specific transaction in dispute, b) the amount of fees in dispute not to exceed the total fees which User paid to GamerValue in the 12 months prior to the action giving rise to the liability, or c) $100.

9.12 – Notices. All legal notices or demands to or upon GamerValue shall be effective if in writing and shall be duly made when sent to GamerValue in the following manner: by courier, postage prepaid, certified or registered mail, return receipt requested or by electronic mail. All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, postage prepaid, by certified or registered mail, return receipt requested, or by electronic mail, and shall be deemed to have been received upon the earlier of actual receipt or: a. 5 business days after dispatch by courier or registered mail, or b. 1 business day after dispatch by electronic mail.

9.13 – Irrespective of the above, you acknowledge and agree that GamerRights, our affiliated and related entities, and the officers, directors, employees, agents, representatives, partners and licensors of us and our affiliated and related entities, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, they will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereof.

10. GamerValue’s Intellectual Property Rights

10.1 – General. GamerValue is the exclusive owner or lawful licensee of all rights pertaining to the Site and the GamerValue Content. Both the Site and the GamerValue Content are imbued with trade secrets and intellectual property rights safeguarded by international copyright and other legislations. All title, ownership, and intellectual property rights concerning the Site and the GamerValue Content shall remain vested in GamerValue, its affiliates, or licensors of the GamerValue Content, whichever is applicable. All rights not explicitly claimed under this Agreement or by GamerValue are hereby reserved.

10.2 – Trademarks and Service Marks. “GamerValue,” “GamerValue.com”, “GamerProtector,” and “GamerRights” alongside related icons and logos are registered trademarks or trademarks or service marks of GamerValue, Inc. in different jurisdictions and are shielded under the pertinent copyright, trademark, and other proprietary rights statutes. Unauthorized duplication, alteration, utilization, or publication of these marks is strictly forbidden.

11. Notice to Users

11.1 – All notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, facsimile, or email to the last known correspondence, fax, or email address provided by the User to GamerValue, or by posting such notice or demand on an area of the Site that is publicly accessible without charge. Notice to a User shall be deemed to be received by such User if and when: a. GamerValue is able to demonstrate that the communication, whether in physical or electronic form, has been sent to such User; or b. Immediately upon GamerValue’s posting of such notice on an area of the Site that is publicly accessible without charge.

12 Notice for Claims of Intellectual Property Violations and Copyright Infringement

12.1 – GamerValue responds to notices of alleged copyright infringement in accordance with applicable Italian laws. Visit www.gamervalue.com/dmca/ to learn how to submit a notice to GamerValue.

13 Legal Disputes

13.1 – You and GamerValue agree that any claim or dispute that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the GamerValue User Agreement, your use of or access to the Site, the Services, or any products or services sold or purchased through GamerValue’s sites, services, applications, or tools will be resolved in accordance with the provisions set forth in this Legal Disputes Section. Please read this Section carefully. It affects your rights and will have a substantial impact on how claims you and GamerValue have against each other are resolved.

13.2 – Applicable Law. You agree that the laws of Italy will govern this User Agreement and any claim or dispute that has arisen or may arise between you and GamerValue, except as otherwise stated in the User Agreement.

13.3 – Agreement to Negotiate and Arbitrate. In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such a solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the Chamber of Arbitration of Milan. The place of arbitration shall be Milan, Italy, and the language of the arbitration shall be Italian. This Agreement shall be governed by and interpreted in accordance with the laws of Italy.

13.4 – In no event shall an award in an arbitration initiated under this clause exceed the greater of a) the amount of the specific transaction in dispute, b) the amount of fees in dispute not to exceed the total fees which User paid to GamerValue in the 12 months prior to the action giving rise to the liability, or c) €100.

13.5 – Costs. Each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration.

13.6 – Confidentiality. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

13.7 – Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND GAMERVALUE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND GAMERVALUE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER GAMERVALUE USERS.

13.8 – Consent to Jurisdiction. In the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that has arisen or may arise between you and GamerValue must be resolved exclusively by a court located within Milan, Italy. You and GamerValue agree to submit to the personal and exclusive jurisdiction of the courts located within Milan, Italy, for the purpose of litigating all such claims or disputes.

14 General

14.1 – This Agreement, the GamerValue Privacy Policy, and all policies posted on our sites constitute the entire agreement between the User and GamerValue with respect to access to and use of the Site, superseding any prior written or oral agreements in relation to the same subject matter herein.

4.2 – GamerValue and the User are independent contractors, and no agency, partnership, joint venture, employee–employer, or franchiser–franchisee relationship is intended or created by this Agreement.

14.3 – The failure of GamerValue to exercise or enforce any right or provision of the terms of this Agreement shall not constitute a waiver of such right or provision.

14.4 – If any provision herein is held to be invalid or unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions of this Agreement.

14.5 – User agrees that there shall be no third-party beneficiaries to this agreement.

14.6 – Headings are for reference purposes only, and in no way define, limit, construe or describe the scope or extent of such section.