Agreement between User and GAMENANA
Welcome to the GAMENANA. The GAMENANA website (the “Site”) is comprised of various web pages operated by GAMENANA, LLC (“GAMENANA”). GAMENANA App and its Services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of our app and Services constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
GAMENANA is a FREE e-Commerce Site and mobile App.
Visiting our Site, App or sending emails to GAMENANA constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, in App and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile phone, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that GAMENANA is not responsible for third party access to your account that results from theft or misappropriation of your account. GAMENANA and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
GAMENANA does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use our Services only with the permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
GAMENANA may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of GAMENANA and GAMENANA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. GAMENANA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by GAMENANA of the site or any association with its operators.
Certain services made available via GAMENANA are delivered by third party sites and organizations. By using any product, service or functionality originating from the GAMENANA LLC domain, you hereby acknowledge and consent that GAMENANA may share such information and data with any third party with whom GAMENANA has a contractual relationship to provide the requested product, service or functionality on behalf of GAMENANA’s users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of GAMENANA or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. GAMENANA content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of GAMENANA and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of GAMENANA or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations.
GAMENANA has no obligation to monitor the Communication Services. However, GAMENANA reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. GAMENANA reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
GAMENANA reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in GAMENANA’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. GAMENANA does not control or endorse the content,
messages or information found in any Communication Service and, therefore, GAMENANA specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts have not authorized GAMENANA spokespersons, and their views do not necessarily reflect those of GAMENANA.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to GAMENANA App or Posted on Any GAMENANA Web Page
GAMENANA does not claim ownership of the materials you provide to on our Site or App (including feedback and suggestions) or post, upload, input or submit to any GAMENANA Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting GAMENANA, our affiliated companies and necessary sub-licenses permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. GAMENANA is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in GAMENANA’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your GAMENANA account to third party accounts. By connecting your GAMENANA account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated, and administered by GAMENANA LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the GAMENANA Content accessed through the App or Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
You agree to indemnify, defend and hold harmless GAMENANA, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. GAMENANA reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with GAMENANA in asserting any available defenses.
In the event, the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitration and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and GAMENANA agree otherwise, the arbitrator may not consolidate more than one
person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE & APP MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GAMENANA, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
GAMENANA, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. GAMENANA, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GAMENANA, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE & APP, WITH THE DELAY OR INABILITY TO USE THE SITE
GAMENANA reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Virginia and you hereby consent to the exclusive jurisdiction and venue of courts in Virginia in all disputes arising out of or relating to the use of the Site, App, and its Services. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and GAMENANA as a result of this agreement or use of the Site. GAMENANA’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of GAMENANA’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by GAMENANA with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and GAMENANA with respect to the Site, App and its Services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and GAMENANA with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Shipping & Order Policy
Pricing and promotions on GAMENANA App and GAMENANA Sites may vary from that of affiliated sites.
Your receipt of electronic or other forms of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. GAMENANA reserves the right at any time after receipt of your order to accept or decline your order for any reason. GAMENANA reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verification or information before accepting any order. All orders placed on GAMENANA Marketplace Site are subject to product availability. All items purchased from GAMENANA are sent by a third-party carrier pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. If you are not fully satisfied with your purchase after two weeks, you may return it in accordance with GAMENANA.GAMES Return Policy.
Account, Payment, Refund, Upgrading, and Downgrading
When you use GAMENANA Marketplace and Prime Account, you may be asked to establish an account and establish passwords. You are solely responsible for maintaining the confidentiality of your account and passwords and for restricting access to your computer and/or account, and you agree to accept responsibility for all activities that occur under your account or passwords.
You agree that the information you provide to GAMENANA, LLC on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify GAMENANA, LLC. You may be liable for the losses incurred by GAMENANA, LLC. or others due to any unauthorized use of your Prime or Marketplace account a valid credit card is required for all account upgrades and purchases;
If you initially sign up for a Prime (non-free) account that includes free shipping, discounted prices on new and latest video games and consoles, you will be billed one-time annual payment of $99.99 at the date and time that you subscribe to the Prime Account;
An upgrade from the free plan to Prime plan will not end your free plan, but enjoy the full benefit of a Prime User. You will be billed one-time annual payment of $99.99 immediately upon upgrading;
The Service is billed in advance on an annual basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made;
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes;
Downgrading your Service may cause the loss of Content, features, or capacity of your Account. GAMENANA, LLC does not accept any liability for such loss.
Disclaimer of Warranties
The use of GAMENANA platforms shall be at the user’s sole risk. To the fullest extent permitted by law, GAMENANA, LLC., its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with GAMENANA and use thereof. GAMENANA, LLC. assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of the website content, (ii) personal injury or damage, of any nature whatsoever, resulting from access to and use of GAMENANA platforms, (iii) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through GAMENANA website/App by any third party, and/or (iv) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via GAMENANA.
GAMENANA, LLC. does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through GAMENANA or any hyperlinked website or featured in any banner or other advertising. GAMENANA, LLC. will not be a party to or in any way be responsible for monitoring any transaction between a user and third-party providers of products or services.
Customer Product Reviews, Communications, and Other Content
GAMENANA encourage all their customers/users to review the products they like and dislike to help customers make the right decision about the product they purchase. You may post reviews, comments, photos, and other contents of communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. GAMENANA reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant GAMENANA a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant GAMENANA and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify GAMENANA for all claims resulting from content you supply. GAMENANA has the right but not the obligation to monitor and edit or remove any activity or content. GAMENANA takes no responsibility and assumes no liability for any content posted by you or any third party.
Note: If any seller or GAMENANA users deem a review of a product to be inappropriate, simply contact us describing why you think the content is inappropriate and we will investigate and act accordingly.
The following are examples of prohibited activities. This is not an all-inclusive list.
A seller posts a review of their own product or their competitor’s product either in their own name or as an unbiased buyer.
A seller offers a third party a financial reward, discount, or other compensation in exchange for a review on their product or their competitor’s product. This includes services that sell customer reviews and websites or social media groups with implicit or explicit agreements or expectations that an incentive is contingent on customers leaving a review.
A seller offers to provide a refund or reimbursement after the buyer writes a review (including reimbursement via a non-GAMENANA payment method).
A seller uses a third-party service that offers free or discounted products tied to a review (for example, a review club that requires customers to register their GAMENANA public profile so that sellers may monitor their reviews).
A family member or employee of the seller posts a review of the seller’s product or a competitor’s product.
A seller offers a refund or other compensation to a reviewer in exchange for changing or removing their review.
A seller only asks for reviews from buyers who had a positive experience and attempts to divert buyers who had a negative experience to a different feedback mechanism. This includes cases where the customer proactively reaches out to the seller to express satisfaction with their products.
A seller creates a variation relationship between products that are not actually related to each other in order to boost a product’s star rating.
A seller inserts a request for a positive GAMENANA review or an incentive in exchange for a review into product packaging.
A seller manipulates the ‘Helpful’, ‘Not Helpful’, or ‘Report Abuse’ features on any review on his or her competitor’s products.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any GAMENANA Service are trademarks or trade dress of GAMENANA in the U.S. and other countries. GAMENANA’s trademarks and trade dress may not be used in connection with any product or service that is not GAMENANA’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GAMENANA. All other trademarks not owned by GAMENANA that appear in any GAMENANA Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GAMENANA.
Changes to Terms
GAMENANA reserves the right, in its sole discretion, to change the Terms under which our Services are offered. The most current version of the Terms will supersede all previous versions. GAMENANA encourages you to periodically review the Terms to stay informed of our updates.
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us firstname.lastname@example.org
Effective as of April 24th,2019.