Terms of Services

GamerTotal does not cross-check the quality and accuracy of the items being sold on its platform, and hence GamerTotal cannot guarantee the accuracy, quality or legality of even the existence of the items advertised or sold. In the interest of clarity, GamerTotal shall not be liable for non-deliver or delivery damaged goods and the users shall have no right of chargeback for such goods. GamerTotal disowns any responsibilities or liability for any content pertaining to a user name, profiles, audio-video articles, data text information and links posted by You or other users or third parties Website. The use of the Website is entirely at the sole responsibility and risk of the User.

We may, at our sole discretion, modify or revise these Terms of Service and policies at any time by giving notice on our Website and/or through the Services, and you agree to be bound by such modifications or revisions. Although GamerTotal may attempt to notify you, when major changes are made to these Terms of Service, you should periodically click on our Terms of Service to review any updates. All changes shall be effective immediately when we post them and shall apply to all access to and use of our Website thereafter. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits hereunder.

GamerTotal may review and delete any User Content that, in its sole judgment, violates these Terms of Use, applicable law, rule or regulation, is offensive or illegal or violates the rights of, harms or threatens the safety of Users of GamerTotal. The GamerTotal reserves the right to expel Users and prevent their further access to GamerTotal for violating the Terms of Use or applicable law, rule or regulation and the right to remove User Content which is in violation of the Terms of Use, abusive, illegal, or disruptive.

The User hereby agrees that Website shall be in active mode during the performance of the Service without being any exceptions whatsoever.

Trading Risks

You are advised not to use GamerTotal if you do not understand the parameters of the risk involved in the transactions and enter only into a trade only when you know the trading options available and the characteristics of digital goods you intend to trade. There are many Transaction Risks, including risks of liability or harm of any kind connected 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 provided or displayed on the Site may violate or may be asserted to infringe Third Party Rights, and the risk that Users may incur costs of defense or other charges 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 ownership 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 obtained initially by Users of the Site as a result of purchase and sale transactions in connection with.

1. Use of the Service

1.You warrant that neither you are engaged in any illegal activity, nor you will use the Website for any unlawful purpose or activity.

2.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 consents 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 Website or provides to GamerTotal/the Website or authorizes GamerTotal 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 Website or provides to GamerTotal or authorizes GamerTotal 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 provides and displays on the Website and that such manufacture, offer, sale, importation and/or distribution of those products violates no Third Party Rights.

2. Representations and Warranties of Users

1. NEITHER GAMERTOTAL, NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO AS “AFFILIATES”) IS RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE GAMERTOTAL PLATFORM AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE GAMERTOTAL AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GAMERTOTAL PLATFORM.

2. In using the Service, you agree that you will not, and will not allow or authorize any third party to:

1. Alter, remove or obscure any copyright notice, digital watermark, proprietary legend or any other notice included in materials in the Service

2. Use any of the trademarks, trade names, service marks, copyrights or logos of GamerTotal in any manner that creates the impression such items belong to or are associated with you or are used with GamerTotal’s consent.

3. Use any software, device or any other process to “scrape” or download data from the Website.

4. Either obtain or attempt to obtain through any means any materials or information on the Service that have not been intentionally made publicly available either by public display on the Service or through accessibility by a visible link on the Service.

5. Interfere with or attempt to interfere with or otherwise disrupt the proper working of the Service, any activities conducted on or through the Service or any servers or networks connected to the Service.

6. Violate the security of the Service or attempt to gain unauthorized access to the Service, data, materials, information, computer systems or networks connected to any server associated with the Service, through hacking or any other means.

7. Either take or attempt any action that, in the sole discretion of GamerTotal, imposes or may impose an unreasonable burden on the Service or the infrastructure of the Service, or otherwise abuse the Service.

8. Use or permit the Service to be used to perform services for third parties, including as a service bureau, SaaS, time sharing basis or otherwise.

9. Distribute, sell, license or otherwise provide the Service to third parties.

10. Create programs similar or identical to GamerTotal Cloud.

11. Disclose the results of any performance or functional evaluation of the Service, including benchmark results or competitive analyses.

12. 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;

13. Be part of a scheme to defraud other Users of the Website or for any other unlawful purpose;

14. Relate to the sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any Third Party Rights;

15. Violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti–discrimination or false advertising); and be defamatory, libelous, unlawfully threatening or unlawfully harassing;

16. Users additionally represent and warrant that: For any of the following purposes, the list is illustrative not exhaustive, the GamerTotal platform may not be used:

17. To impersonate another person or a User or allow any other person or entity to use your user profile to post or view comments;

18. To publish, post, upload, distribute or disseminate any profane, illegal, defamatory, infringing, obscene or unlawful language, material or information;

19. To defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead or otherwise violate the rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users and GamerTotal staff;

20. To upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any User, third party, or GamerTotal;

21. To constitute any personally identifiable information of any third party that you do not have adequate rights to input, distribute, upload, post, email, transmit or otherwise make available via the Service;

22. To advertise or offer to sell any goods or services for any commercial purpose through the GamerTotal Platform which are not relevant to the Service Request services; and to infringe any Intellectual Property Rights of GamerTotal or any third party.

3. Third Party Websites and Services

1. The Service and Content available through the Website may integrate with other third party service providers. If you link to Third Party Websites, you may be subjected to those Third-Party Websites' terms and conditions and other policies. GamerTotal makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third-Party Website, data protection and your linking to any other Website is completely at your own risk and GamerTotal disclaims all liability thereto.

2. Any and all contents and services (including advertising) within GamerTotal that are not owned by GamerTotal are "third party content and services." GamerTotal acts merely as an intermediary user of, and accepts no responsibility or liability for third party content and services. In addition, and without limiting the generality of the foregoing, GamerTotal may include links to Websites operated by third parties, including advertisers and other content providers. Those Websites may collect data or solicit personal information from you. GamerTotal does not control such Websites, and is not responsible for their content, policies, or collection, use or disclosure of any information, those Websites may collect.

4. License to Use

1. Except as otherwise agreed upon, we hereby grant you a limited, nonexclusive, non-sub-licensable license to access, and use the Platform. You will not use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform and Content, except as expressly permitted by GamerTotal or as permitted under applicable law. Any unauthorized use of the Services is strictly prohibited and will terminate the license granted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

2. GamerTotal will not be liable on account of any inaccuracy of information on its Website. It is the responsibility of the visitor to further research the information on the Website. The user undertakes not to duplicate, download publish, modify and distribute material on GamerTotal unless specifically authorized by GamerTotal in this regard.

3. In no event shall we, our affiliates or our partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to your conductor of anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Service.

5. Ownership and Intellectual Property

1. This Website and all content forming part of the Website, including without limitation, all photographs, ideas, images, designs, information, interfaces, text, graphics, brand names, logos and trademarks, are protected by copyright, trade mark and other intellectual property laws of the United States and Canada.

2. You acknowledge and agree that GamerTotal owns, controls or is licensed all legal right, title and interest in and related to the Website, including all intellectual property rights. You may not:

3. Modify or copy the idea of trade, layout or appearance of the Website or any computer software or code contained in the Website; and/or

4. Decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.

5. If you believe that anything on or available through the Services infringes upon any copyright which you own or control, you may contact us at [email protected]

6. Indemnification

1. The User agrees and undertake to indemnify and to hold harmless GamerTotal and other parties determined by GamerTotal, GamerTotal affiliates, successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives from and against any data loss, financial losses, damages, liability, claims, costs, penalty and expenses (including, without limitation, reasonable attorneys’ fees) incurred by reason of (i) any breach or alleged breach by the User of the User’s obligations, responsibilities, representations, or warranties under the Subscription Agreement and/or User T&C; (ii) any infringement or unauthorized use of intellectual property rights of GamerTotal including but not limited to infringement of intellectual property rights of GamerTotal in the Website (iii) any breach of the confidentiality obligations of the User under this Agreement or User T&C; (iv) any violation of GamerTotal policies by the User; (v) any harm to the reputation and goodwill of GamerTotal directly attributable to the User; and (vi) damage, unauthorized use or loss of the Website.

7. Electronic Communications

1. When you send an e-mail or chat electronically with GamerTotal, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, phone calls or sms text messages. You agree that all agreements, notices, disclosures and other communications that GamerTotal provides to you electronically satisfy legal requirements that such communications be in writing.

8. Reliance on Information Posted

1. The information presented on or through the Website is made available solely for general purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk and responsibility. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

9. Limitation of Liability

1. GAMERTOTAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY(I) DATA LOSS (II) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING LOSS OR DAMAGE TO CONTENT), IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GAMERTOTAL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT GAMERTOTAL SHALL NOT BE LIABLE FOR THE CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS. THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU, IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THE SERVICES ARE CONTROLLED AND OFFERED BY GAMERTOTAL FROM ITS FACILITIES IN UNITED STATES AND CANADA. GAMERTOTAL MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

2. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH GAMERTOTAL IS TO STOP USING THE GAMERTOTAL PLATFORM, AND TO CANCEL ANY AND ALL OF YOUR GAMERTOTAL ACCOUNTS, IF APPLICABLE.

3. GamerTotal 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:

1. The use or the inability to use the Website

2. Any defect in goods, samples, data, information or services purchased or obtained from a User or a third–party service provider through the Website

3. 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 Website 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;

4. Unauthorized access by third parties to data or private information of any User;

5. Statements, conduct, or material posted by Users of the Website, including defamatory, offensive or illicit material; or

6. Any other matter relating to the Website.

10. Disclaimer of Warranties

1. Each User hereby agrees to indemnify and hold harmless GamerTotal, 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:

2. From such User’s use of the Website, including but not limited to the display of such User's information on the Website;

3. 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 GamerTotal;

4. As a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Website.

5. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE GAMERTOTAL NOR ANY PERSON ASSOCIATED WITH THE GAMERTOTAL MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.

6. We shall not be liable to you for any loss suffered in relation to your use or inability to use the website without limiting the foregoing, neither the GamerTotal nor anyone associated with the GamerTotal represents or warrants that the website, its content or any services or items obtained through the website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our website or the server that makes it available are free of viruses or other harmful components or that the website or any services or items obtained through the website will otherwise meet your needs or expectations.

7. WE MAKE EVERY EFFORT TO VERIFY STATEMENTS AND INFORMATION SUBMITTED BY THE THIRD PARTIES AND OUR USERS, THE INFORMATION COMPILED BY US IS BASED ON INFORMATION SUPPLIED BY VARIOUS INDIVIDUALS AND BUSINESSES, IT DOES NOT REPRESENT THE VIEWS OF GAMERTOTAL. AND GAMERTOTAL CANNOT BE HELD RESPONSIBLE FOR ANY OMISSIONS OR INACCURATE CLAIMS THAT MAY APPEAR.

8. THE GAMERTOTAL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

9. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11. Entire Agreement / Severability

1. These Terms and Conditions incorporate our Privacy Policy which together constitutes the entire agreement between You and GamerTotal, in relation to Your use of the Website and/or the Services and supersedes any prior representations, inducements or agreements relating to its subject matter. You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any third party. If any part of these Terms of Use are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. These Terms of Use, including all terms and policies referenced herein, contain the entire understanding, and supersede all prior agreements, between you and GamerTotal relating to this subject matter, and cannot be changed or terminated orally.

12. Assignment

1. You may not assign these Terms or any of the rights granted hereunder without the prior written consent of GamerTotal, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.

13. Non-waiver

1. Failure by either GamerTotal or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.

14. Force Majeure

1. GamerTotal shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control; including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond its control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

15.Governing Law and Arbitration

1. Governing Law for United States Citizens. If you are a United States Citizen, you hereby agree that all actions brought in respect of this Agreement, or any Services delivered pursuant to this Agreement, shall be brought before Delaware, and the parties hereby acknowledge the exclusive jurisdiction of the Competent Courts of Delaware, United States.

2. Governing Law and Arbitration for Canadian Citizens. If you are a Canadian Citizen, you hereby agree that all actions brought in respect of this Agreement, or any Services delivered pursuant to this Agreement, shall be brought before Toronto, and the parties hereby acknowledge the exclusive jurisdiction of the Competent Courts of Ontario.

3. Arbitration Procedures. GamerTotal may decide to resolve the dispute via Arbitration and any such dispute relating to the application, interpretation, implementation or validity of this Agreement, the Parties agree to resolve the dispute by arbitration at ADR Chambers using the ADR Chambers Expedited Arbitration Rules (https://adrchambers.com/expedited-arbitration/). The Parties agree that the ADR Chambers Expedited Arbitration Rules give the Parties a fair opportunity to present their case and respond to the case of the other side. The arbitration shall be held in Toronto and shall proceed in accordance with the provisions of the Arbitration Act (Ontario). Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction. There will be no appeal from the decision of the arbitrator on questions of fact, law, or mixed fact and law.

4. Discovery. Each party may (a) request relevant, non-privileged documents from the other party; and (b) request that the other party provide the particulars of its claims or defenses. Any such discovery requests must be served on the other party within 10 days after the arbitrator’s appointment. The responding party shall provide the requesting party with all responsive, non-privileged documents, the requested particulars, and/or any objections to the requests within 15 days after receipt of the requests. Any disputes about discovery or requests for extensions shall be submitted promptly to the arbitrator for prompt resolution. In ruling on any discovery dispute or extension request, the arbitrator shall take into consideration the nature, amount, and scope of the underlying arbitration claim, the cost and other effort that would be involved in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defense.

5. Communications with the Arbitrator. Whenever communicating with the arbitrator, the parties must include each other – for example, by including the other party on a telephone conference call and copying the other party on any written submissions, such as letters or emails. To the extent practicable, conferences with the arbitrator will take place by telephone conference call or email. Ex parte communications are not permitted with any arbitrator.

6. Confidentiality. Upon either party’s request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted filing of confidential information must be done under seal.