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PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEB SITE (this "SITE"). By using this site, you agree to these terms of use. If you do not agree to these terms, you may not use this site.
TheGamePort reserves the right, at any time, to modify, alter, or update these Terms of Use, and you agree to be bound by such modifications, alterations, or updates.
Copyright
All site design, text, graphics, interfaces, and the selection and arrangements thereof are (c) 2005, TheGamePort Inc. ALL RIGHTS RESERVED. Permission is granted to electronically copy and to print hard copy portions of this site for the sole purpose of placing an order with TheGamePort Inc. or using this site as a shopping resource. Any other use of materials on this site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without prior written permission of TheGamePort Inc. is strictly prohibited.
Trademarks
All trademarks, service marks, and trade names (collectively the "Marks") are proprietary to TheGamePort Inc. or other respective owners that have granted TheGamePort Inc. the right and license to use such Marks.
Disclaimer
THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GAMERSHARE INC. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, GAMERSHARE INC. DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use TheGamePort only with involvement of a parent or guardian. TheGamePort and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Video Games
Users may not illegally copy Video Games. A User's access to the Site or Services may be immediately terminated in the event the User uses the Site or Services for illegal purposes or makes unlawful copies of Video Games or unlawfully distributes Video Games. As a User, you acknowledge and agree that you have valid title and ownership rights to any Video Game that you make available on the Site or Service. You are aware that not all Video Games are available on the Site or via the Services and Company cannot, and does not, guarantee any User will receive any Video Game or the order in which a User will receive the Video Games they have requested.
Membership, Billing, Payment
Details of your membership are available on the User account page of the Site. On occasion the Company may offer a free trial, promotions or other incentives. These offers are only available while they last and are a subject to a maximum of one per household. At the end of any free trial, promotion or incentive you will begin to be billed automatically unless you cancel as required by the Company. You agree that as a User we are permitted to automatically charge or debit, as applicable, without further notice the fees you incur in your use of the Site or Services. The fees for the Site and Services will be automatically renewed and charged to you. Any GamePoints or Trading Tokens purchased on site via one of our dedicated payment methods cannot be redeemed for real currency. They can only be redeeemed on thegameport.co.uk
Communications
Visitors may post reviews and comments; 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, 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." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of other content. TheGamePort.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
Limitation on Liability
IN NO EVENT SHALL THETECHPORT LTD. BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF THEGAMEPORT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
External Sites
This site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). You acknowledge that TheGamePort is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
Services
User agrees not to commit fraud using the Site or Services. Examples of fraud include, but are not limited to, committing to send a Video Game but not actually sending it, claiming a Video Game was never received when in fact it was, claiming a Video Game is lost, broken, incorrect, scratched or otherwise problematic when it is not, etc.
Company reserves the right, in its sole and complete discretion, to suspend or terminate a User's account or a User's access to the Site or Services at any time with or without cause for any reason or no reason. Upon termination of the User's account, User's right to use the Services, access the Site, and any Content will immediately cease. Any fees paid by a User are non-refundable.
In addition, in the event a User claims more three (3) instances of a lost, broken, incorrect, scratched or otherwise problematic Video Game per one hundred (100) Video Games received by that User, Company may, at its sole and complete discretion, determine that the User is not eligible for the Gameshield Protection Program and Company may elect not to apply any credit to the individual's account for such lost, broken, incorrect, scratched or otherwise problematic Video Games. In addition to suspending or terminating a User's account or access to the Site or Services, Company may pursue any remedies available at law.
Without limiting other remedies, we may limit your activity, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your account and refuse to provide our Site or Services to you if: (a) you breach these Terms of Use or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
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