Terms of Service
Site Terms of Service, an Enforceable Legal Agreement.
As of November 30th, 2016
Digital Marketplace, Third Party User Created Seller Stores, Live Listings, Forum Listings, Trade Market, Deal Listings, Fundraising/Crowdfunding Project Listings
LiveGameDeals.com does not own the items on the LiveGameDeals.com Marketplace, third party user created seller stores, seller live listings, seller forum listings, listings authored on the Trade Market, Fundraising/Crowdfunding Project Listings, and any deal listings in general. The authors/sellers do.
LiveGameDeals.com cannot take responsibility for the quality, safety or legality of any items or any listings (including forum listings and fundraising/crowdfunding developmental listings). LiveGameDeals.com does not promise that the items or any member content, code, data or materials available on or via the LiveGameDeals.com Marketplace do not infringe the intellectual property rights of a third party.
LiveGameDeals.com does not make any express or implied promises about any seller content, any user created content, any items listed for sale, trade or any other kind of offer, any and all listings of any kind.
You (the seller/the buyer/user) are responsible for paying all other fees (Paypal and any other service) and taxes associated with your use of LiveGameDeals.com wherever levied.
Copyright, trademark and intellectual property claims: LiveGameDeals.com respects the intellectual property rights of others and we require that authors,sellers, and users do the same.
Refunds and chargebacks are a matter purely between the seller and buyer and both sides agree that LiveGameDeals.com will not be held accountable, take responsibility, make judgements or promises of any kind. LiveGameDeals.com will not act as a mediator or moderator between the two sides and will not be a participant of any kind of discussion/conflict between the two parties.
You promise that information you provide LiveGameDeals.com is true, accurate and complete and that you will keep your account information up-to-date (including a current email address). Your membership is not transferrable. You are responsible for any use of the LiveGameDeals.com that occurs in conjunction with your username and password. Keep your password safe and secure and don’t let any other person use your username or password. If you realize there’s any unauthorized use of your password or any breach of security you need to let us know immediately.
Items with an incorrect price or incorrect information:
Despite reasonable efforts, items may occasionally be listed at an incorrect price or with incorrect information. If this happens, LiveGameDeals.com may cancel or reverse a transaction, even after it is completed and a payment has been processed. You must not use this purchased item unless you re-purchase it at the correct price.
LiveGameDeals.com provides a platform that allows members to buy and sell video games, collector’s items, physical music albums/records, toys, comics, Blu-Rays, DVDS, Lego, books, magazines, certain digital items (provided seller has a legal right to sell the item and takes full responsibility), fundraise/crowd fund their developmental gaming projects and much, much more. On LiveGameDeals.com, buyers and authors (sellers) transact with each other directly and LiveGameDeals.com provides the platform to allow the transactions to happen.
The items/listings/fundraising crowdfunding project listings on LiveGameDeals.com are owned by the authors/sellers/users, not by LiveGameDeals.com. LiveGameDeals.com provides a platform. LiveGameDeals.com does not take ownership of the items.
Fundraising/Crowdfunding Developmental Gaming Project Listings:
All Fundraising/Crowdfunding Project Listings on LiveGameDeals.com are created and owned by the authors/sellers/users, not by LiveGameDeals.com. LiveGameDeals.com provides a platform. LiveGameDeals.com does not take ownership,liability, accountability, responsibility, promise or guarantee any validity of the projects. By using LiveGameDeals.com you agree to hold LiveGameDeals.com blameless and excluded from liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, consequential or special loss, damage or expense.
LiveGameDeals.com values your information and takes reasonable precautions to protect it. While LiveGameDeals.com takes reasonable steps to preserve the security of your information, please be aware that we can’t promise that your use of the LiveGameDeals.com will be perfectly confidential, and LiveGameDeals.com can’t promise that any information you provide to us is perfectly secure. While using LiveGameDeals.com, you may also become aware of confidential information about us or another member. You promise to not disclose any confidential information made available to you through LiveGameDeals.com to any other person.
LiveGameDeals.com can look at or remove any of your content for any reason at our discretion. Reasons might include quality assurance, if we receive a valid copyright take-down notice, if we think that the content is unauthorized, misleading, incorrect, offensive, or in breach of anyone else’s rights, or if we think that your use of the LiveGameDeals.com and any content might result in liability to us or anyone else.
During your time at LiveGameDeals.com you promise that you will not:
1) Use a false email address, impersonate others, or misrepresent your affiliation with others;
2) Attempt to gain unauthorized access to computer systems or content through LiveGameDeals.com;
3) Use information gathered from or through LiveGameDeals.com in a way that may confuse or mislead consumers (for example, automatically gathering information to set up a site that looks like one of our sites);
4) Attempt to or actually interrupt, negatively impact or alter the LiveGameDeals.com operation in any way;
5) Use LiveGameDeals.com or any of the content in a way that violates applicable law, that violates the intellectual property or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory;
6) Modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or re-sell any information, content, software, or item obtained from or through LiveGameDeals.com, other than in accordance with these terms or the license for the item.
7) Sell roms, game copies, hard drives/usb sticks/discs/flash card any other kind of media filled with such material. You must have/own the legal right to sell the item you’re selling. Anything else is strictly prohibited.
8) Post/sell any illegal items, illegal content, drugs, related paraphernalia, or adult material (pornography). LiveGameDeals.com holds the right to instantly delete any user and their content for publishing/submission of such content.
Providing Contact Details Publicly (at your own risk!):
LiveGameDeals.com strongly recommends that you don’t make your contact details public on LiveGameDeals.com or in any public communications via LiveGameDeals.com. Contact details include your email address, street address, Skype name, phone number, and social media/social network handles. If you do, it must not be for any reason Prohibited Conduct on named on LiveGameDeals.com. Providing personal details or contact details publicly is done at the user’s own risk! LiveGameDeals.com will not be held accountable in any way for conduct/damages or anything else that could happen for providing personal information.
Fundraising/Crowdfunding Project Listings:
LiveGameDeals.com Crowdfunding platform uses the Keep it All model.
We cannot currently support any crowdfunding payments sent from India or any US OFAC sanctioned countries including Burma, Cuba, Iran, North Korea, Sudan, Syria, Crimea, Zimbabwe, Balkans, Somalia, Lebanon, Belarus, Cote d’Ivoire, Liberia, Iraq, Democratic Republic of the Congo and Libya.
The maximum allowed donation per contributor is $2000.
A maximum of 4 payments per contributor for the same project will be the maximum amount a single contributor can fund one project.
A maximum of 4 projects per customer per year will be the maximum amount of projects a customer can create per year.
Projects have a 90 day duration limit, 90 days will be the maximum amount a customer can have an active project for.
A 2 project limit will be the maximum amount of projects a customer can have active at one time.
All projects are first subject to approval by administration with no guarantees, promises, or liability regarding the submission.
Rewards can not exceed $100.00 USD in value.
Links on LiveGameDeals.com:
LiveGameDeals.com may contain links to other non-LiveGameDeals.com websites. LiveGameDeals.com has no control or responsibility over anything on those websites, and do not endorse or sponsor those websites, even if they are affiliated to us.
LiveGameDeals.com is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.
LiveGameDeals.com’s store (LiveGameDeals Official Affiliate Store) utilizes affiliate links where LiveGameDeals.com potentially can earn a commission for products sold on the link. LiveGameDeals.com however, does not hold any ownership, control, liability, or responsibility over any of the items. You agree to hold LiveGameDeals.com blameless and excluded from liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, consequential or special loss, damage or expense.
Eligibility, suspension or termination:
Membership is never an automatic right, it is a benefit. LiveGameDeals.com may, using reasonable discretion, decide whether or not your use of LiveGameDeals.com complies with these terms. We can suspend or terminate your LiveGameDeals.com user account at any time for any reason.
Liability and indemnity – between us and members
LiveGameDeals.com provides the website/platform, not the third party items sold/traded on LiveGameDeals.com.
You indemnify us against all losses, costs (including legal costs on a full indemnity basis), expenses, demands or liability that we incur arising out of, or in connection with, a third party claim against us relating to your use of LiveGameDeals.com and any content you post to LiveGameDeals.com (including, if you are an author, your items).
If you are a buyer, you agree that we are not responsible for, and you release us from liability arising out of or in connection with:
Any user created/posted/third party seller/authored items on LiveGameDeals.com information provided by authors about their items (including on any item page); and your use of items from LiveGameDeals.com.
Our liability to you in connection with LiveGameDeals.com or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
LiveGameDeals.com excludes liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, consequential or special loss, damage or expense.
These sections mean that you protect us from costs and claims that happen because of your actions on the site, and that our liability to you is limited.
LiveGameDeals.com may, at our expense, assume the exclusive defense and control of any matter you indemnify us against, and if so you agree to cooperate with us.
Third Party: If you’re agreeing to these terms on behalf of someone else (like your employer), then you’re promising to us that you have full legal authority to bind that third party.
In some places there may be non-excludable warranties, guarantees or other rights (‘non-excludable consumer guarantees’). LiveGameDeals.com does not exclude, restrict or modify non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, LiveGameDeals.com and authors are bound only by the express promises made in these terms. Our and each author’s liability for breach of a non-excludable consumer guarantee is limited, at our or the author’s option, to replacing or paying the cost of replacing the relevant item or service, (unless the non-excludable consumer guarantee says otherwise).
Blocking a member, disabling an account or refusing to process a payment. We may block you, terminate your account or refuse to process a payment if we reasonably believe there is a risk associated with you, your account, or that payment, including if it breaches a law or regulation.
For example if LiveGameDeals.com reasonably believes there is a legal or regulatory risk or a risk of loss being suffered by us or our members. You promise that you are not located in a sanctioned country and are not on a sanctioned persons list. We may also block members from a country if we can’t make payments to or from that country. You should check what payment methods are available in your country for making payments as a buyer or for withdrawing earnings as an author. We may take any of the actions stated in this section without notice. If required by law we may forfeit existing deposits or earnings.
Relationship between the Parties:
Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and LiveGameDeals.com, or between you and any other member. Neither you or us can bind each other in any way.
Changes to LiveGameDeals.com Terms:
LiveGameDeals.com may change these terms at any time. You can close your LiveGameDeals.com Account and terminate your agreement with us at any time if you do not agree to the changes. However, if you continue to use LiveGameDeals.com sites after the changes are made, then you will be agreeing to the changes.
Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion LiveGameDeals.com means our sole discretion.
Applicable Laws: We control and operate LiveGameDeals.com from the USA. The laws of New Jersey, USA govern these terms, and you submit to the jurisdiction of the courts there for the resolution of any dispute between us.
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 18 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.
Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE PROVIDES THE SERVICES “AS IS,” WITH ALL FAULTS. THE SITE DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICES, OR THAT ANY DATA WILL BE TRANSMITTED IN A MANNER THAT IS TIMELY, UNCORRUPTED, FREE OF INTERFERENCE, OR SECURE. THE SITE DISCLAIMS REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, WRITTEN, ORAL, CONTRACTUAL, COMMON LAW, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT MAY ARISE FROM A COURSE OF DEALING OR USAGE OF TRADE.
Liability Is Limited
THE SITE SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS (REGARDLESS OF WHETHER WE HAVE BEEN NOTIFIED THAT SUCH LOSS MAY OCCUR) OR EXPOSURE TO ANY THIRD PARTY CLAIMS BY REASON OF ANY ACT OR OMISSION. THE SITE SHALL NOT BE LIABLE FOR ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED WITH THE SERVICES, SITE OFFERS, OR ANY ACT BY SITE USERS. THE SITE SHALL NOT BE LIABLE FOR ANY DAMAGES THAT RESULT FROM ANY SERVICE PROVIDED BY, OR PRODUCT OR DEVICE MANUFACTURED BY, THIRD PARTIES.
NOTWITHSTANDING ANY DAMAGES THAT USER MAY SUFFER FOR ANY REASON, THE ENTIRE LIABILITY OF THE SITE IN CONNECTION WITH THE SITE OR SERVICES, AND ANY PARTY’S EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY USER TO THE SITE OWNER DURING THE 12 MONTHS PRIOR TO THE EVENT THAT USER CLAIMS CAUSED THE DAMAGES.
The Site shall not be liable for any damages incurred as a result of any loss, disclosure, or third party use of information, regardless of whether such disclosure or use is with or without User’s knowledge or consent. The Site shall have no liability for any damages related to: User’s actions or failures to act, the acts or omissions of any third party, including but not limited to any telecommunications service provider, or events or causes beyond the Site’s reasonable control. The Site has no obligations whatever, and shall have no liability to, any third party who is not a User bound by these Terms. Limitations, exclusions, and disclaimers in these Terms shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
Third party products, links, and actions
The Site may include or offer third party products or services. The Site may also have other users or members who interact with each other, through the Site, elsewhere online, or in person. These third party products and any linked sites have separate and independent terms of service and privacy policies. We have no control or responsibility for the content and activities of these linked sites, sellers, and third parties in general, regardless of whether you first were introduced or interacted with such businesses, services, products, and people through the Site, and therefore you agree that we are not liable for any of them. We do, however, welcome any feedback about these sites, sellers, other users or members, and third parties.
Changes to the Site and the Services
The owners and contributors to the Site will work to improve the Site for our users, and to further our business interests in the Site. We reserve the right to add, change, and remove features, content, and data, including the right to add or change any pricing terms. You agree that we will not be liable for any such changes. Neither your use of the Site nor these terms give you any right, title, or protectable legal interest in the Site or its content.
This site and some delivery modes of our product are built on the WordPress platform. For information about intellectual property rights, including General Public License (“GPL”) terms under which the WordPress software is licensed, see here http://wordpress.org/about/gpl/
The Site grants User a revocable, non-transferable, and non-exclusive license to use the Site solely in connection with the Site and the Services, under these Terms.
Copyright in all content and works of authorship included in the Site are the property of the Site or its licensors. Apart from links which lead to the Site, accurately attributed social media references, and de minimus text excerpts with links returning to the Site, no text, images, video or audio recording, or any other content from the Site shall be copied without explicit and detailed, written permission from the Site’s owner. User shall not sublicense or otherwise transfer any rights or access to the Site or related Services to any other person.
The names and logos used by the Site, and all other trademarks, service marks, and trade names used in connection with the Services are owned by the Site or its licensors and may not be used by User without written consent of the rights owners. Use of the Site does not in itself give any user any license, consent, or permission, unless and then only to the extent granted explicitly in these Terms.
All rights not expressly granted in these Terms are reserved by the Site.
Usernames, Passwords, and Profiles
If prompted, Users must provide a valid email address to the Site, at which email address the User can receive messages. User must also update the Site if that email address changes. The Site reserves the right to terminate any User account and/or User access to the Site if a valid email is requested but is not provided by the User.
If the Site prompts or allows a User to create a username or profile, Users agree not to pick a username or provide any profile information that would impersonate someone else or that is likely to cause confusion with any other person or entity. The Site reserves the right to cancel a User account or to change a username or profile data at any time. Similarly, if the Site allows comments or user input, or prompts or allows a User to create an avatar or upload a picture, User agrees not to use any image that impersonates some other person or entity, or that is otherwise likely to cause confusion.
You are responsible for protecting your username and password for the Site, and you agree not to disclose it to any third party. We recommend that you use a password that is more than eight characters long. You are responsible for all activity on your account, whether or not you authorized it. You agree to inform us of unauthorized use of your account, by email to [legull display=”owner_email”]. You acknowledge that if you wish to protect your interactions with the Site, it is your responsibility to use a secure encrypted connection, virtual private network, or other appropriate measures. The Site’s own security measures are reasonable in terms of their level of protection, but are not helpful if the interactions of you or any other User with Site are not secure or private.
We are based in [legull display=”owner_locality”] and you are contracting to use our Site. These Terms and all matters arising from your use of the Site are governed by and will be construed according to the laws of [legull display=”owner_locality”], without regard to any choice of laws rules of any jurisdiction. The federal courts and state courts that have geographical jurisdiction over disputes arising at our office location in the [legull display=”owner_locality”] will be the only permissible venues for any and all disputes arising out of or in connection with these Terms or the Site and Service.
Any cause of action User may have relating to the Site or the Services must be commenced within one (1) year after the claim or cause of action arises.
Both parties waive the right to a jury trial in any dispute relating to the Terms, the Site, or the Services.
If for any reason a court of competent jurisdiction finds any aspect of the Terms to be unenforceable, the Terms shall be enforced to the maximum extent permissible, to give effect to the intent of the Terms, and the remainder of the Terms shall continue in full force and effect.
User may not assign his or her rights or delegate his or her responsibilities under these Terms or otherwise relating to the Site or its Services.
There shall be no third party beneficiaries under these Terms, except for the Site’s affiliates, suppliers, and licensors, or as required by law.
Use of the Site and its Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.
The failure of the Site to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
If you have any questions about these Terms, please address them to [legull display=”owner_email”].
These terms were last updated on 10/29/16