Terms of Service

1.1PlayerBay is a marketplace that allows users to offer, sell and buy products through the website www.playerbay.com ("Site"). As a marketplace, PlayerBay does not own the items listed on this site and acts as a commercial agent of Sellers (as defined in Section 2 below). By agreeing and accepting these Terms of Service Sellers authorize PlayerBay on behalf of Sellers to conclude contracts for sale with Buyers. While PlayerBay may help to facilitate the transactions and/or handling of Buyers' complaints on behalf of Sellers, PlayerBay 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. You agree that the Site is a venue and as such PlayerBay is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on the Site. You use the Site at your own risk.

1.2These Terms of Service ("Agreement" or "Terms"), the Privacy Policy, and all policies and guidelines posted on the Site set out the terms and conditions on which PlayerBay offers you access to and use of the Site as well as services, applications and tool available therein (collectively "Services"). This Agreement is entered into by and between you as the User and PlayerBay LLC, a company incorporated under the laws of the United States. For any inquiries, please contact: [email protected]. All policies and the PlayerBay Privacy Policy are incorporated into this Agreement. You agree to comply with all of the above when accessing and using our Services.

1.3Please be advised that this Agreement contains provisions that govern how claims you and/or PlayerBay may have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below).

1.4Acceptance 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 with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. If you do not accept all of 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 and/or have no necessary consents and approvals (including consents of parents/guardians – if applicable) to form a binding contract, or (b) you are a person barred from using the Site under applicable laws including the country in which you are a resident or from which you use the Site. PlayerBay may verify the age and/or nationality of the Registered User. As a part of the verification process, PlayerBay may require the Registered User to provide additional identification information, including, without limitation, a copy of a valid driver's license (or other form of government issued identification). This Agreement applies to all users of the Services, including without limitation users who are vendors, customers, merchants, or contributors of content, information and other materials or services. Before you continue, you should print off or save a local copy of this Agreement for your records.

1.5Amendments. PlayerBay may amend this Agreement and/or Site policies at any time, with at least 14 calendar days prior notice to you, by posting the amended and restated Agreement or policy on the Site and your Account. The amended and restated Agreement and/or policy shall become effective on the set day of their entry into force and it shall be deemed that the User agrees with such amendments if the User continues to use of the Site. This Agreement and Site policies may not otherwise be modified, except in writing by an authorized officer of PlayerBay.

2.1"Buyer" – User who accesses and uses the Site for the purpose to buy the goods offered by Sellers on the Site.

2.2"PlayerBay Content" – information, text, images, video clips, directories, files, databases or offers available on or through the Site.

2.3"Registered User" – each User who has filled out a registration form on the Site by giving User information (such as name, address, telephone number, fax number, email address, etc.). PlayerBay will establish an account ("Account") for each Registered User on the Site and each Registered User will be assigned a user alias ("User Name") and password ("Password") for log-in access to its/his/her Account on the Site.

2.4"Seller" – User who accesses and uses the Site for the purpose to sell the goods to Buyers through the Site.

2.5"Third-Party Content" – content displayed on the Site that is provided or posted by third parties.

2.6"Third Party Rights" – third party copyrights, trademarks, trade secrets, patents, and other personal or proprietary rights affecting or relating to material or information displayed on the Site, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on the Site.

2.7"Transaction Risks" – The risks assumed by Users when using the Site or conducting transactions via the Site. Transaction Risks include risks of liability or harm of any kind in connection with using the Site. Such risks shall include, but are not limited to: (i) misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, and breach of contract; (ii) risks that the 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, and the risk that Users may incur costs of defense or other costs in connection with third parties' assertion of Third Party Rights, or in connection with any 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; (iii) risks that consumers, other purchasers, end-users of products, or others claiming to have suffered injuries or harms relating to a product originally obtained by Users of the Site as a result of purchase and sale transactions in connection with using the Site may suffer harms and/or assert claims arising from their use of such products.

2.8"User" – any person who accesses the Site for whatever purpose, regardless of whether said User has registered with the Site as a Registered User. A User includes any person using this Site and any legal entity which may be represented by such person under actual or apparent authority.

3.1General. Users may use this Site solely for their own personal or internal purposes. Each User agrees that it shall not copy, reproduce or download any PlayerBay Content for the purpose of re–selling or re–distributing PlayerBay's Content, mass mailing (via emails, wireless text messages, physical mail, or otherwise), operating a business that competes with PlayerBay, or otherwise commercially exploiting PlayerBay Content. Systematic retrieval of PlayerBay Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices, or manual processes) without written permission from PlayerBay is prohibited. In addition, use of PlayerBay Content for any purpose not expressly permitted in this Agreement is prohibited.

3.2Messages or information sent by a User through communication systems provided by PlayerBay, as well as emails, faxes, letters to addressees, or instant messages sent to addresses acquired from information obtained from the Site, shall not contain any of the materials described in the provisions of Section 5.3.

3.3No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by PlayerBay or any other User, and no User shall attempt to gain unauthorized access to such computer systems or networks.

3.4Privacy Policy. We urge that you read Site's Privacy Policy, which governs the protection and use of each User's information in PlayerBay's possession. Each User hereby accepts the Privacy Policy and any updates and amendments thereto. Each User acknowledges that PlayerBay may change the Privacy Policy from time to time, with or without notice to you, and shall make available the updated version of the Privacy Policy on the Site at all times. Your continued use of the Site shall be deemed to be your acceptance of the Privacy Policy which is then displayed on the Site at the time of such use.

3.5Third Party Rights. As a condition of your access to and use of the Site, you agree that you will not use our Services to infringe the Third Party Rights of others in any way. PlayerBay may in appropriate circumstances terminate the accounts of Users who are repeat infringers of the Third Party Rights of others. In addition, PlayerBay reserves the right to terminate the account of any User if PlayerBay believes that the User's conduct is harmful to the interests of the Site, PlayerBay, its employees, directors, affiliates, or other Users, or for any other reason in PlayerBay's sole and absolute discretion, with or without cause.

3.6By using the Site, You also covenant, represent, and warrant that: You have all necessary and relevant experience and knowledge to deal with digital items, have a full understanding of their framework, are aware of all the merits, risks and any restrictions associated with digital assets (including their purchase and use), as well as the necessary and relevant expertise and knowledge to purchase, use and manage them, and are solely responsible for any evaluations based on such knowledge; If You are a corporation, governmental organization or other legal entity, You have the right, power and authority to act on behalf of such corporation, governmental organization or other legal entity and bind them to these Terms; You will not use the Website for any illegal activity and You are not engaged in any illegal activity; You solely control Your credentials (email address, password or other information provided for the purpose of the Website use) and do not act on behalf of any third party.

3.7No person, employee, agent or entity affiliated in way to any game publisher or developer is authorized to use or access this site or to utilize the services provided herein without express permission.

4.1Privacy. By becoming a Registered User, you consent to be governed by our Privacy Policy. You also consent to the inclusion of your personal data in our database, and authorize PlayerBay to share such information with other Users in accordance with the purposes set forth in this Agreement.

4.2Notwithstanding Section 4.1 above, PlayerBay may refuse registration and deny the issuance of an Account and associated User Name and Password to any User for whatever reason or for no reason at all.

4.3By creating an Account, You also consent to receive electronic communications from PlayerBay (e.g., via email). These communications may include notices about your Account (e.g., password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the respective unsubscribe instructions.

4.4PlayerBay may suspend or terminate a Registered User's Account at any time if: In PlayerBay's sole and absolute determination, there is any breach of the provisions of this Agreement by the Registered User; or PlayerBay has reasonable grounds to suspect that information provided by a Registered User is untrue, inaccurate or is not current or complete; or PlayerBay believes that User conduct is harmful to the interests of the Site, PlayerBay, its employees, directors, affiliates, or other Users; or For any other reason in PlayerBay's sole and absolute discretion.

4.5Prohibition on transferability of Account, User Name, and Password. A Registered User may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer an Account, User Name or Password to a third party without the prior written consent of PlayerBay. PlayerBay may suspend or terminate the Account of a Registered User or the transferee of a Registered User in the event of a sale, offer to sell, gift, assignment or transfer in violation of this Section.

4.6Without limiting any other remedies, we may suspend, terminate, delete, limit, or modify Accounts or access to the Services or any portions thereof, hold, delay, or remove hosted content, take legal and technical steps to prevent access to the Services, or take other action consistent with these Terms, with or without notice to you, if we suspect or determine, in our sole discretion, that you have failed to comply with any of these Terms or have otherwise engaged in illegal activity or improper use of our Services. This may result in the loss or termination of your Account, information, persona, rankings, benefits, virtual items, in-game purchases, subscription, or other losses. We are not and will not be held responsible for any such losses, and are under no obligation to compensate you therefor.

4.7We reserve the right to stop offering and/or supporting our Services or any portion thereof at any time for any reason. If this does occur, your license to access or use the applicable Services will automatically terminate. We reserve the right to terminate any Account that has been inactive for 180 calendar days or more. We are not required to notify you in advance of any of these actions, or to provide you with any refunds, compensation, or any material or non-material benefit for discontinued or terminated Services, or terminated Accounts, or any losses resulting therefrom.

4.8You may choose to close your Account for any reason and at any time. If you choose to exercise this right, please inform PlayerBay that you wish to close your Account by contacting support. You understand that if you close your Account, you may no longer have access to information previously associated with your Account.

5.1You must be a Registered User in order to post information on the Site using the self help submit and edit tools provided by the Site.

5.2Each User hereby represents, warrants and agrees: That any information provided by the User to be displayed on the Site is true, accurate, current and complete; and That it will maintain and promptly amend all information to keep it true, accurate, current and complete.

5.3Prohibited behavior. Each User hereby represents, warrants and agrees that information submitted to PlayerBay for display on the Site shall not: Contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities; Be part of a scheme to defraud other Users of the Site or for any other unlawful purpose; Relate to the sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any Third Party Rights; Violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti–discrimination or false advertising); Be defamatory, libelous, unlawfully threatening or unlawfully harassing; Be obscene or contain or infer any pornography or sex–related merchandising or any other content that otherwise promotes sexually explicit materials or is otherwise harmful to minors; Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; Contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming); Solicit business from any Users in connection with a commercial activity that competes with PlayerBay/the Site; Contain any computer viruses, Trojan horses, worms or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data, or personal information; Involve any countries, entities, individuals or items prohibited by sanctions, embargoes, regulations or orders administered by government agencies; Contain items that have been identified by consumer protection agencies as hazardous to consumers and therefore subject to a recall; Contain any material related to game cheats or game hacks, including selling accounts created with cheats, boosting with cheats, selling game cheats themselves, or any similar activities; Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person, or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device; Link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement; or Otherwise create any liability for PlayerBay, its employees, directors or its affiliates.

5.4Accounts listing restrictions. Sellers must guarantee that all listed accounts were created and used for personal purposes only. Listings involving accounts created and used for commercial means are strictly prohibited; Reselling is only permitted under strict conditions. Resellers must not have used the game themselves and must ensure that any accounts they offer were also created and used solely for private, non-commercial purposes; All listed accounts must remain free of any modification, enhancement, or alteration - such as the use of third-party tools, bots, or hacks - not expressly authorized by the respective game developer.

5.5Third Party Rights. Each User hereby represents, warrants and agrees that it has obtained all necessary third party copyright, trademark, trade secret or patent licenses and permissions, or such other licenses or permissions as may be required in connection with any other personal or proprietary rights of any third party (including but not limited to rights of personality and rights of privacy), for any material or information it posts on the Site or provides to PlayerBay/the Site or authorizes PlayerBay to display. Each User hereby represents, warrants and agrees that it shall be solely responsible for ensuring that any material or information it posts on the Site or provides to PlayerBay or authorizes PlayerBay to display does not, and that the products represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such rights. Each User hereby represents, warrants and agrees that it has the right to manufacture, offer, sell, import and distribute the products it offers and displays on the Site, and that such manufacture, offer, sale, importation and/or distribution of those products violates no Third Party Rights.

5.6Grant of license. Each User hereby grants an irrevocable, perpetual, worldwide and royalty–free, sub–licensable (through multiple tiers), assignable license to PlayerBay and its affiliates to display and use all information provided by such User in accordance with the purposes set forth in this Agreement and to exercise the rights the User has in such material or information, including, but not limited to, copyright, publicity, and database rights, in any media now known or not currently known.

5.7Removal of Material. PlayerBay reserves the right in its sole and absolute discretion to remove any material displayed on the Site, including material which it believes in its sole and absolute discretion is unlawful, could subject PlayerBay to liability, violates this Agreement, or is otherwise deemed inappropriate.

5.8PlayerBay reserves the right to cooperate fully with governmental authorities, private investigators, and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Furthermore, PlayerBay may disclose the identity and contact information of any User if requested to do so by a government or law enforcement body, an injured third party, a subpoena, or any other legal action, and PlayerBay shall not be liable for damages or any other consequences thereof. User further agrees that it will not bring any action or claim against PlayerBay for such disclosure. In connection with any of the foregoing, PlayerBay may suspend or terminate the Account of any User as PlayerBay deems appropriate in its sole and absolute discretion. User agrees that PlayerBay shall have no liability to User, including liability for consequential or any other damages, in the event PlayerBay takes any of the actions mentioned in this Section, and User agrees to bear the risk that PlayerBay may take such actions.

6.1General. PlayerBay provides an electronic web–based platform for exchanging information between Buyers and Sellers of products and services. For each transaction, PlayerBay requires the parties to complete the transaction (deliver the goods to the Buyer) for Seller to get paid.

6.2Users are solely responsible for all of the terms and conditions of the transactions conducted on, through, or as a result of use of the Site, including, without limitation, terms regarding returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.

6.3Listing Description. All listings on the Site must be for sale. By listing an item, the Seller warrants that all aspects of the item comply with the Site's policies and authorizes PlayerBay to conclude a sales contract with the Buyer. The Seller also warrants that he has the full rights to sell the item, and that such selling will not violate any legal or contractual obligations to which the Seller may be subject. The Seller must accurately describe the item and all terms of sale. The Seller's listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. The Seller shall immediately notify PlayerBay by deleting the listed item from the Site if the listed item is no longer available for sale.

6.4Binding Sale. Sellers are responsible for accurately listing their items, and Buyers are responsible for reading the description of items before making a purchase. All sales are binding. PlayerBay notifies the Seller without delay through the Seller's Account about the concluded sale with the Buyer. The Seller is obligated to ship the order, transfer the item, or otherwise complete the transaction with the Buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the Buyer fails to meet the terms of the Seller's listing (such as payment method), or (b) the Seller cannot authenticate the Buyer's identity. The Buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance. In exceptional circumstances where the Seller can not complete the order and PlayerBay has accepted a respective payment from the Buyer on behalf of the Seller, the Buyer may purchase another item offered on the Site. If the Buyer does not purchase another item within 24 hours after PlayerBay has received a payment from the Buyer or the Buyer purchases another item for less than the transferred amount, PlayerBay returns funds or part of it to the Buyer. PlayerBay keeps the right not to return the funds when the refunded amount is less than $1 USD.

6.5In assistance to the Seller concluding a transaction on the Site, PlayerBay acts as a disclosed commercial agent of the Seller and is in each case hereby authorized by the respective Seller to accept a respective payment from the Buyer on behalf of the Seller for the goods sold by such Seller to the Buyer. For the avoidance of doubt, such funds received on behalf of the Seller by PlayerBay are and at all times remain the property of the Seller. PlayerBay transfers the funds to the Seller for the goods sold (after deducting applicable fees) by a payment method selected in the Account by the end of each month or more frequent upon the request of the Seller submitted through his Account. In any case, PlayerBay does not control and is not liable to or responsible for the quality, safety, lawfulness, or availability of the products or services offered for sale on the Site, the ability of Sellers to complete a sale, or the ability of Buyers to complete a purchase. Users are hereby made aware that there may be risks of dealing with other Users acting under false pretenses. PlayerBay uses several techniques to verify the accuracy of the information our Users provide to us when they register on the Site. However, because Users' identities are established without their physical presence, there is a risk that other User acts under false identity and PlayerBay cannot and does not confirm each User's purported identity. We encourage you to use the various tools available on the Site such as the customer support live chat, as well as common sense, to evaluate with whom you are dealing.

6.6Assumption of Risks. Each User acknowledges that it is fully assuming all Transaction Risks when using the Site to conduct transactions, and that it is fully assuming the risks of liability or harm of any kind in connection with using the Site. Each User agrees that PlayerBay shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions, or expenditures of any kind that may arise as a result of or in connection with any Transaction Risks.

6.7Taxes. All listings and their prices on the Site must be placed pursuant to "all taxes included" principle. Users shall pay all sales and use taxes and all other taxes arising from their use of the Site and the transactions concluded therein. The Users are particularly responsible for paying any due taxes (including VAT from sale of In-game items through the Site), fees or other due amounts required in connection with the agreements they have concluded between each other (including issuing any invoices and provision of any reporting documentation). PlayerBay in any case is not liable for settling above fees and taxes and for any filing obligations of the Users.

6.8Refund policy. All sales are final on PlayerBay and there are no refunds unless the item is not delivered or not as described. If this is the case, the Buyer will receive a full refund. The Buyer can request a refund by going to the order page and filling in a complaint. Alternatively, the Buyer can contact 24/7 Live Support. The refund can take up to 1 week to process.

6.9Chargeback policy. Once an order has been marked as delivered by the Seller and received by the Buyer, orders are considered Completed, both parties are satisfied, and the sale is final. Customers who issue chargebacks for Completed orders will be permanently banned from the Site. If you face an issue with a non-Completed order - contact the PlayerBay support team instead of issuing a chargeback.

7.1Seller fees. Seller fees are posted on the Site. PlayerBay may change its fees from time to time by posting the changes on the Site and your Account 14 days in advance, but with no advance notice required for temporary promotions.

7.2Buyer and Withdrawal fees. The fees we charge for processing payments are posted on our Site. PlayerBay may change its fees from time to time by posting the changes on the Site and your Account 14 calendar days in advance, but with no advance notice required for temporary promotions.

7.3Users must have a payment method on the Account when selling or buying on the Site, and Users must pay all fees and applicable taxes associated with our Services by the payment due date. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, as well as retaining collection agencies and legal counsel). In addition, Users will be subject to late fees.

7.4When you provide payment information to PlayerBay or to one of its payment processors, you represent and warrant that you are the authorized user of such information, including, without limitation, the credit card, PIN, key, or associated account, and you authorize PlayerBay and the payment processors to charge you for your purchases, subscriptions, or any other fees incurred by you.

7.5PlayerBay, in its sole discretion, may inspect and verify (i) details related to the listing sold on the Site, (ii) the Buyer of the Site listing, and (iii) the Seller of the Site listing. As a part of the verification process, PlayerBay may require the Buyer or Seller to provide additional identification information, including, without limitation, a copy of a valid driver's license (or other form of government issued identification) prior to or during the Transaction. Users may also be asked to go through additional security procedures and share additional information to confirm their identity. PlayerBay reserves the right to reject any item that we believe (in our sole discretion) may: (i) be fraudulent, invalid, inauthentic or stolen, (ii) have come from an unauthorized or illegal source, (iii) be related to any illegal activity, (iv) be prohibited by sanctions, embargoes, regulations or orders administered by government agencies, or (v) otherwise pose a financial risk to us or our users.

7.6You agree and acknowledge that payment processing services are provided by third parties ("Payment Processors"), and are subject to the respective service agreements (collectively, the "Payment Services Agreement"). By using the Services, you agree to be bound by the terms in this section and the Payment Services Agreement, as the same may be modified by us or by the Payment Processors from time to time. As a condition of selling, you agree to provide PlayerBay accurate and complete information about you and your business (if applicable), and you authorize PlayerBay to share, in accordance with the Payment Services Agreement, such information and applicable transaction information related to your use of the payment processing services provided by the Payment Processors.

8.1In the event that any User has a dispute with any other User with regard to a transaction on the Site, such User agrees to submit a complaint to PlayerBay which investigates the complaints on behalf of the Seller. For the avoidance of doubt, PlayerBay investigates the complaints related on to transactions on the Site and does not investigate complaints regarding the quality, safety or legality of items advertised. In order to allow PlayerBay to fairly and reasonably conduct investigations, Users agree to refrain from seeking third party arbitration while an order is still open or pending. Users who seek third party intervention (with the exception of Government Investigative Authorities) will be seen as interfering with the investigative process. PlayerBay reserves the right to suspend or permanently ban Users who attempt to interfere with standard operating procedures for orders which are still active or pending.

8.2Obligation to Reimburse. If a Seller is required to reimburse the Buyer or PlayerBay, the Seller authorizes PlayerBay to remove the reimbursement amount (in same or other currency) from their designated payment method on the Site. The Seller is required to have a valid payment method on the Site. If there are insufficient funds in the account, the Seller authorizes PlayerBay to charge any reimbursement amount owed to the payment method on the Site. PlayerBay may also place the reimbursement amount on the Seller's invoice. If Seller does not provide PlayerBay with a valid payment method, PlayerBay may collect the outstanding sums using other collection mechanisms, including retaining collection agencies.

8.3Fines. In the rare event that PlayerBay determines that a User breaches this User Agreement, the breaching User authorizes PlayerBay to levy a fine against the User's payment method, up to $100 USD. In addition, PlayerBay may suspend or ban the User's Account, and/or require a deposit of up to $200 USD to reactivate the User's Account.

8.4Release. If you have a dispute with one or more Users, you agree to release and indemnify PlayerBay and its officers, directors, employees, agents, affiliates, and subsidiaries from all claims, demands, actions, proceedings, costs, expenses and damages, including without limitation any actual, special, incidental or consequential damages of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims that you may know or suspect to exist in your favor at the time of agreeing to this release.

9.1The features and services on the Site are provided on an "as is" and "as available" basis, and PlayerBay 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.

9.2PlayerBay 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. PlayerBay 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 PlayerBay makes no representations or warranties of any kind concerning any product or service offered or displayed on the site.

9.3Any 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 PlayerBay or through or from the Site shall create any warranty not expressly stated herein.

9.4Force Majeure. Under no circumstances shall PlayerBay 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 nonperformance of third parties.

9.5Each User hereby agrees to indemnify and hold harmless PlayerBay, 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: From such User's use of the Site, including but not limited to the display of such User's information on the Site; From such User's breach of any of the terms and conditions of this Agreement; From such User's breach of any representations and warranties made by the User to PlayerBay; 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.

9.6PlayerBay 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: The use or the inability to use the Site; Any defect in goods, samples, data, information or services purchased or obtained from a User or a third–party service provider through the Site; 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; Unauthorized access by third parties to data or private information of any User; Statements, conduct, or material posted by Users of the Site, including defamatory, offensive or illicit material; or Any other matter relating to the Site.

9.7Right to assume defense and control. PlayerBay 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 PlayerBay in asserting any available defenses.

9.8PlayerBay 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 PlayerBay 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).

9.9Third-Party Content. PlayerBay is not the author of Third Party Content, whether contributed by anonymous users or paid content providers. Neither PlayerBay 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 PlayerBay 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 PlayerBay 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.

9.10Third-Party Websites. PlayerBay 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 PlayerBay has no control over such third party websites, does not monitor such websites, and neither PlayerBay 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.

9.11Regardless of the previous provisions, if PlayerBay 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 PlayerBay in the 12 months prior to the action giving rise to the liability, or c) $100 USD.

10.1General. PlayerBay is the sole owner or lawful licensee of all the rights to the Site and the PlayerBay Content. The Site and the PlayerBay Content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and the PlayerBay Content shall remain with PlayerBay, its affiliates, or licensors of the PlayerBay Content, as the case may be. All rights not otherwise claimed under this Agreement or by PlayerBay are hereby reserved.

10.2Trademarks and Service Marks. "PlayerBay" and related icons and logos are registered trademarks or trademarks or service marks of PlayerBay in various jurisdictions, and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

11.1You are responsible for maintaining the confidentiality and security of your Account and password, and accept responsibility for all activities that occur under your Account or password. You must notify PlayerBay immediately in the event that the security of your login or password has been breached or compromised.

11.2You are also responsible for maintaining adequate security and control of any and all identification numbers any other codes that you use to access the Account.

11.3You agree to not hold PlayerBay liable for any loss arising out of, or in any way connected to, your failure to properly secure and keep private your Account information, email address, any password and any other identification numbers/codes used in connection with your Account.

11.4PlayerBay shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your Account, computer or other equipment, or any phishing, spoofing or other attack.

11.5PlayerBay does not guarantee the confidentiality or privacy of any communication or information transmitted on the Site or any site linked to the Site. PlayerBay will not be liable for the privacy or security of information, e-mail addresses, registration and identification information, disk space, communications, confidential or proprietary information, or any other content transmitted over networks accessed through the Site, or otherwise connected with your use of the Site.

12.1All notices or demands to or upon a User shall be effective if either delivered personally, uploaded to the User's Account, sent by courier, certified mail, facsimile, or email to the last known correspondence, fax or email address provided by the User to PlayerBay, 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: PlayerBay is able to demonstrate that the communication, whether in physical or electronic form, has been sent to such User; or Immediately upon PlayerBay's posting of such notice on an area of the Site that is publicly accessible without charge.

13.1You and PlayerBay agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Agreement, your use of or access to the Site, the Services, or any products or services sold or purchased through the 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 PlayerBay have against each other are resolved.

13.2Applicable Law. You agree that the laws of the United States, without regard to the principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and PlayerBay, except as otherwise stated in the User Agreement.

13.3Agreement 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 solution within a period of 60 calendar days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration in accordance with applicable arbitration rules and procedures.

13.4Prohibition of Class and Representative Actions and Non-Individualized Relief. You and PlayerBay 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 PlayerBay 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 site's Users.

13.5Consent 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 PlayerBay must be resolved exclusively by a competent court in the United States. You and PlayerBay agree to submit to the personal and exclusive jurisdiction of the courts located within the United States, for the purpose of litigating all such claims or disputes.

14.1This Agreement, the Site's Privacy Policy, and all policies posted on the Site constitute the entire agreement between the User and PlayerBay 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.

14.2PlayerBay 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.

14.3Failure of PlayerBay to exercise or enforce any right or provision of the terms of this Agreement shall not constitute a waiver of such right or provision.

14.4If 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.

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

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

15.1PlayerBay is not affiliated, associated, authorized, endorsed by, or in any way officially connected with any game developer, game publisher, or video game company, including but not limited to:

15.2Jagex Ltd., RuneScape, Old School RuneScape; Blizzard Entertainment Inc., World of Warcraft, World of Warcraft Classic, Overwatch, Diablo, Hearthstone, StarCraft; Epic Games Inc., Fortnite; Supercell Oy, Clash of Clans, Clash Royale, Brawl Stars; Take-Two Interactive, Rockstar Games, Grand Theft Auto, Red Dead Redemption; Riot Games Inc., League of Legends, Valorant; Roblox Corporation, Roblox; or any other game developer, game publisher or video game not explicitly listed here.

15.3The names of games, related marks, emblems and images are registered trademarks of their respective owners. Use of trademarks is for identification purposes only and does not imply endorsement.