GameAuction User Agreement

Last Updated: January 8, 2025

1. Introduction

1.1 - GameAuction is a trading platform that allows users to offer, sell, and purchase goods. As a trading platform, GameAuction does not own or sell the goods listed on this Website. The actual sales contract is entered into directly between the buyer and the seller. GameAuction may assist buyers and sellers in resolving disputes, but GameAuction shall not be liable for, nor make any warranties regarding, the following: the existence, quality, safety, or legality of the advertised goods; the truthfulness or accuracy of the content or product information posted by users; the seller’s ability to sell the goods; the buyer’s ability to pay for the goods; and whether the buyer and seller can actually complete the transaction or return the goods.

1.2 - This User Agreement ("Agreement") sets forth the terms and conditions governing your access to and use of our Website, services, applications, and tools (collectively, the "Services") provided by GameAuction. This Agreement is entered into between you (as a user of our Services, "User") and GameAuction.com ("GameAuction" or the "Website"). All policies and the GameAuction Privacy Policy are incorporated into this User Agreement. You agree to comply with all the above terms when accessing and using our Services.

1.3 - Please note that this User Agreement contains provisions regarding the resolution of claims between you and GameAuction (see the "Disclaimer of Warranties", "Limitation of Liability", and "Legal Disputes" sections below). This Agreement also includes an arbitration agreement that requires all claims against GameAuction to be submitted to final and binding arbitration.

1.4 - Acceptance of the Agreement. Accessing or using this Website constitutes your agreement to accept the terms and conditions set forth in this Agreement. Your access to or use of this Website, as well as any upgrades, modifications, additions, or changes to this Website, are subject to the terms and conditions of this Agreement. If you do not accept all the terms and conditions of this Agreement, do not use this Website. You may not use this Website or accept the terms of this Agreement if (a) you have not reached the legal age to enter into a legally binding contract, or (b) you are prohibited from using this Website under the laws of the United States or other countries/regions (including the country/region where you reside or from which you access this Website). Before proceeding, you should print or save a local copy of this Agreement for your records.

1.5 - Amendments. GameAuction may revise this Agreement and/or Website policies at any time, with or without prior notice to you, and the revised Agreement or policy will be posted on this Website. The revised Agreement and/or policy shall take effect immediately upon posting. GameAuction’s posting of the revised Agreement or policy, and your continued use of this Website, shall constitute your acceptance of the revised terms. This Agreement and Website policies may not be modified in any other way except by a written modification signed by an authorized representative of GameAuction.

2. Definitions

2.1 - Personal Data. Any information relating to an identified or identifiable natural person.

2.2 - GameAuction Content. Any information, text, images, video clips, directories, files, databases, or offers provided on or through this Website, collectively referred to as "GameAuction Content".

2.3 - Registered User. Any User who completes the registration form on the Website and provides User information (such as name, address, telephone number, fax number, email address, etc.) is a Registered User of GameAuction ("Registered User"). GameAuction will create an account ("Account") on the Website for each Registered User and assign each Registered User a user alias ("Username") and password ("Password") for logging into their Account on the Website.

2.4 - Third-Party Content. Some of the PlayerAuctions Content displayed on the Website is provided or posted by third parties, hereinafter referred to as "Third-Party Content".

2.5 - Third-Party Rights. Third-party copyrights, trademarks, trade secrets, patents, and other personal or proprietary rights (including but not limited to personality rights and privacy rights) affecting or relating to the materials or information displayed on this Website, or third-party rights affecting or relating to the products provided or displayed on this Website, collectively referred to as "Third-Party Rights".

2.6 - Transaction Risks. The risks borne by Users when using this Website or conducting transactions are referred to as "Transaction Risks". Transaction Risks include any type of liability or damage risk associated with the use of this Website. Such risks include, but are not limited to:a. Misrepresentation of products and services, fraudulent schemes, substandard quality, non-conformity to specifications, defective or dangerous products, illegal products, delayed or breached delivery or payment, miscalculations of costs, breach of warranties, and breach of contract.b. The risk that the manufacture, importation, distribution, provision, display, purchase, sale, and/or use of the products or services provided on this Website may infringe or be alleged to infringe Third-Party Rights; and the risk that Users may incur defense costs or other expenses due to third parties asserting their rights, or due to any party claiming the right to defense or indemnification in respect of claims, demands, or actions by third parties.c. The risk that consumers, other purchasers, end users of the products, or other persons claiming to have suffered injury or damage as a result of using the products obtained by Users of this Website through buying and selling transactions may suffer damages and/or make claims arising from the use of such products.

2.7 - User. For the purposes of this Agreement, a "User" means any person who accesses this Website for any purpose, whether or not such User has registered as a Registered User with GameAuction. A User includes any person using this Website and any legal entity that such person may represent under actual or apparent authority.

3. Using GameAuction

3.1 - General Rules. Users may only use this Website for their personal or internal use. Each User agrees not to copy, reproduce, or download any GameAuction Content for the purpose of reselling or redistributing GameAuction Content, mass mailing (via email, wireless text messaging, physical mail, or other means), operating a business competitive with GameAuction, or otherwise using GameAuction Content for commercial purposes. Without the prior written permission of GameAuction, systematic retrieval of GameAuction Content from this Website to directly or indirectly create or compile a collection, compilation, database, or directory (whether through robots, web crawlers, automated devices, or manual operations) is prohibited. In addition, use of GameAuction Content for any purpose not expressly permitted by this Agreement is prohibited.

3.2 - Messages or information sent by Users through the communication systems provided by GameAuction, as well as emails, faxes, letters, or instant messages sent to addresses obtained from the Website, shall not contain any materials described in Section 5.4.

3.3 - No User shall engage in any scheme to compromise the integrity of computer systems or networks used by GameAuction or any other User, and no User shall attempt to gain unauthorized access to such computer systems or networks.

3.4 - Your privacy and Personal Data are crucial to us. Any Personal Data you provide to us will be processed in accordance with our Privacy Policy. This policy explains what Personal Data we collect, how and why we collect, store, use, and share this data, your rights in relation to your Personal Data, and how to contact us and regulatory authorities if you have any questions or complaints about the use of your Personal Data.

3.5 - We use necessary Cookies to ensure the proper functioning of the Website. Cookies are small text files placed on your device (such as a computer, smartphone, or other electronic device) when you use our Website. Necessary Cookies enable core functionalities such as security, network management, and accessibility features. You can disable these Cookies by changing your browser settings, but this may affect the functionality of the Website. For more detailed information about the Cookies we use, please refer to our Cookie Policy: www.playerauctions.com/about/cookie-policy.

3.6 - We also wish to set optional analytical and advertising Cookies to provide you with better products and services. For example, third-party Cookies provided by Google Analytics, Google Ads, Google Tag Manager, Bing, Reddit, Facebook, ShareThis, and Microsoft Azure collect and report information about how you use our Website to help us improve the Website. These Cookies collect information in an anonymous form. For more information about how these Cookies work, please refer to our Cookie Policy: www.playerauctions.com/about/cookie-policy.

3.7 - Third-Party Rights. As a condition of your access to and use of this Website, you agree not to use our Services in any way that infringes the Third-Party Rights of others. GameAuction will terminate the accounts of Users who repeatedly infringe the Third-Party Rights of others, as appropriate. In addition, GameAuction reserves the right to terminate any User’s account if GameAuction believes that the User’s actions harm GameAuction, its employees, directors, affiliates, or other Users, or for any other reason determined by GameAuction in its sole discretion (whether or not justified).

3.8 - Certain Services of GameAuction are provided by its affiliate, GameAuction (HK) Co. Limited, which is located at 8/F, Enterprise Square Phase 1, 9 Sheung Yuet Road, Kowloon Bay, Kowloon, Hong Kong.

4. Registered Users

4.1 - Privacy. Registering as a User constitutes your agreement to be bound by our Privacy Policy. You also agree to have your Personal Data included in our database and authorize GameAuction to share such information with other Users for the purposes stated in this Agreement.

4.2 - GameAuction reserves the right to deny you access to its Services, or to terminate or suspend your Account (and any accounts that GameAuction determines are associated with your Account) and your access to the Services, if we have reason to believe that you, your content, or your use of the Services violates our terms. Unless we are unable to notify you for legal or regulatory reasons, GameAuction will notify you that your Account has been terminated, suspended, or otherwise disabled. GameAuction shall not be liable for any impact that changes to your access to the Services may have on you, including your income or your ability to generate revenue through the Services.

4.3 - Prohibition on Transfer of Account, Username, and Password. Without the prior written consent of GameAuction, a Registered User shall not sell, attempt to sell, offer to sell, gift, transfer, or otherwise assign the Account, Username, or Password to any third party. If the Account, Username, or Password is sold, offered for sale, gifted, transferred, or otherwise assigned in violation of this provision, GameAuction reserves the right to suspend or terminate the Account of the Registered User or their transferee.

4.4 - Each User is Limited to One Account. Each User is only allowed to create and maintain one Account on GameAuction. Creating or attempting to create multiple accounts violates this Agreement and may result in the suspension or termination of all related accounts.

4.5 - Accuracy of Account Information. Users must ensure that all Account information provided, including payment details and any "Know Your Customer" (KYC) documents, is accurate and relates solely to themselves. Providing information belonging to other individuals or entities violates this Agreement and may result in the suspension or termination of the Account.

5. Posting Information on PlayerAuctions

5.1 - You must be a Registered User to use the self-submission and editing tools provided by the Website to post information on the Website.

5.2 - GameAuction’s display of any information of a User on the Website does not constitute any sales agency relationship between the User and GameAuction, its affiliates, directors, officers, or employees.

5.3 - Each User hereby represents, warrants, and agrees that:a. Any information provided by the User for display on the Website is true, accurate, current, and complete;b. It will maintain and promptly update all information to keep it true, accurate, current, and complete.c. The seller must take all necessary steps to transfer full ownership of the product to the buyer upon successful completion of the sale.

5.4 - Prohibited Conduct. Each User hereby represents, warrants, and agrees that the information submitted to GameAuction for display on the Website shall not:a. Contain fraudulent information or offer fraudulent goods, or relate to the sale or attempted sale of counterfeit or stolen goods, or the sale and/or promotion of goods prohibited by applicable law. This includes all forms of gambling, games of chance, and any activities that assist or facilitate illegal activities.b. Participate in schemes to defraud other Users of this Website or for any other illegal purpose;c. Relate to the sale of products or services that infringe, or abet, encourage the infringement of, or violate any Third-Party Rights;d. Violate any applicable laws, regulations, ordinances, or rules (including but not limited to those relating to export controls, consumer protection, unfair competition, anti-discrimination, or false advertising);e. Constitute defamation, libel, illegal threats, or illegal harassment;f. Contain obscene content, or contain, imply, or relate to any pornographic content or sexually explicit goods, or any other content that promotes explicit sexual content or is harmful to minors;g. Promote discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age;h. Contain any content that constitutes unauthorized advertising or harassment (including but not limited to spam);i. Solicit any User for commercial activities that compete with GameAuction. In addition, if GameAuction determines that a User has violated this Section 

5.4(i), the User authorizes GameAuction to impose a fine of up to $150.00 on their registered payment method with PlayerAuctions, and/or require the User to pay a security deposit of up to $300.00 to reactivate their Account;j. Contain any computer viruses, Trojan horses, worms, or other destructive programs and codes that damage, interfere with, intercept, or usurp any software or hardware system, data, or personal information;k. Directly or indirectly link to, or contain descriptions of, goods or services prohibited by this Agreement; orl. Otherwise expose GameAuction, its employees, directors, or affiliates to any liability.

5.5 - Third-Party Rights. Each User hereby represents, warrants, and agrees that it has obtained all necessary licenses and authorizations from third parties for copyrights, trademarks, trade secrets, or patents, or other licenses or authorizations related to any other personal or proprietary rights of any third party (including but not limited to personality rights and privacy rights), for the use of any materials or information posted on the Website or provided to GameAuction or authorized for display by GameAuction. Each User hereby represents, warrants, and agrees that it shall be solely responsible for ensuring that any materials or information posted on the Website or provided to GameAuction or authorized for display by GameAuction, and the products represented therein, do not infringe any Third-Party Rights, or that the permission of the owner of such rights has been obtained. Each User hereby represents, warrants, and agrees that it has the right to manufacture, offer, sell, import, and distribute the products offered and displayed on the Website, and that the manufacture, offer, sale, importation, and/or distribution of such products does not infringe the rights of any third party.

5.6 - Grant of License. Each User hereby grants to GameAuction and its affiliates an irrevocable, perpetual, worldwide, royalty-free, sublicensable (through multiple tiers), transferable license to display and use all information provided by such User for the purposes specified in this Agreement, and to exercise the rights you have in such materials or information, including but not limited to copyrights, publicity rights, and database rights, whether such rights exist on any known or unknown media.

5.7 - Removal of Content. GameAuction reserves the right to remove any content displayed on the Website in its sole discretion, including content that it determines in its sole judgment to be illegal, likely to subject GameAuction to liability, in violation of this Agreement, or otherwise inappropriate.

5.8 - GameAuction reserves the right to fully cooperate with government authorities, private investigators, and/or injured third parties in investigating any suspected criminal or civil misconduct. In addition, GameAuction may disclose the identity and contact information of any User if required by a government or law enforcement agency, an injured third party, a subpoena, or any other legal process, and GameAuction shall not be liable for any damages or other consequences resulting therefrom. The User further agrees not to bring any legal action or claim against PlayerAuctions for such disclosure. In any of the above circumstances, GameAuction may, in its sole discretion, suspend or terminate any User’s Account. The User agrees that GameAuction shall not be liable to the User for any action taken pursuant to this Section, including indirect damages or any other damages, and the User agrees to bear the risk that GameAuction may take such action.

6. Transactions Between Buyers and Sellers

6.1 - General Rules. GameAuction provides an internet-based electronic platform for the exchange of information between buyers ("Buyers") and sellers ("Sellers") of products and services.

6.2 - Users are solely responsible for all terms and conditions of transactions conducted through or in connection with the use of this Website, including but not limited to terms relating to payment, returns, warranties, shipping, insurance, fees, taxes, ownership, licenses, fines, permits, handling, transportation, and storage.

6.3 - GameAuction does not engage in specific transactions on behalf of any party, nor act as an agent for any party. GameAuction does not control, nor is it liable for, the quality, safety, legality, or availability of the products or services sold on the Website, nor is it responsible for the seller’s ability to complete the transaction or the buyer’s ability to complete the purchase. Users hereby acknowledge that there may be risks in transacting with other Users who impersonate others. GameAuction uses various technologies to verify the accuracy of information provided by Users during registration on the Website. However, due to the complexity and inherent problems of user authentication on the Internet, GameAuction cannot and does not intend to verify the true identity of each User. We recommend that you use the various tools provided by the Website and exercise common sense to evaluate trading partners.

6.4 - Assumption of Risk. Each User acknowledges that when using this Website to conduct transactions, they will bear all Transaction Risks in full, and fully bear any type of liability or damage risk associated with the use of this Website. Each User agrees that GameAuction shall not be liable for any damages, liabilities, costs, injuries, inconveniences, business interruptions, or any type of expenses arising out of or in connection with any Transaction Risk.

6.5 - Taxes. Users shall pay all sales taxes, use taxes, and all other taxes arising from the use of this Website.

7. Fees

7.1 - Seller Fees. The service fees we charge are listed on the "Seller Fees & Charges" page. GameAuction may change the fees from time to time and will publish the changes on the Website 14 days in advance; however, no prior notice is required for temporary promotional offers.

7.2 - Buyer Fees. The payment processing fees we charge are published on the "Buyer Payments" page. GameAuction may change the fees from time to time and will publish the changes on the Website 14 days in advance; however, no prior notice is required for temporary promotional offers.

7.3 - Other Matters. Users must link a registered payment method when buying or selling on GameAuction and must pay all fees and applicable taxes related to our Services by the due date. If your payment method fails or your Account is overdue, we may use other collection methods to recover the outstanding amount (including debiting from other registered payment methods you have provided, and engaging collection agencies and legal counsel). In addition, Users shall pay late fees. Please also refer to Sections 8.2 and 8.3 below for penalty fees, security deposits, and indemnification obligations related to violations of this User Agreement.

8. Disputes Between Users

8.1 - GameAuction as Arbitral Body. If any User has a dispute with another User regarding a transaction on the Website, such User agrees to submit the dispute to GameAuction as the arbitral body for a final and binding decision. To enable GameAuction to conduct a fair and reasonable investigation, the User agrees not to seek third-party arbitration while the order is still open or pending. A User who seeks third-party intervention (other than government investigative agencies) shall be deemed to be interfering with the investigation process and attempting to force a decision in their favor. GameAuction reserves the right to suspend or permanently ban any User who attempts to interfere with the standard operating procedures for open or pending orders.

8.2 - Reimbursement Obligation. If a seller is required to reimburse a buyer or GameAuction, the seller authorizes GameAuction to deduct the reimbursement amount (in the same or different currency) from their designated payment method (such as USTD) on the GameAuction platform. The seller must provide a valid payment method. If the Account balance is insufficient, the seller authorizes GameAuction to deduct any outstanding reimbursement amount from the payment methods they have provided. GameAuction may also invoice the seller for the reimbursement amount. If the seller fails to provide a valid payment method to GameAuction, we may use other collection methods (including engaging collection agencies) to recover the outstanding amount.

8.3 - Penalty Fees. In rare cases, if GameAuction determines that a dispute between Users arises from a User’s violation of this User Agreement, the breaching User authorizes GameAuction to impose a fine of up to $150.00 on their payment method. In addition, GameAuction may suspend or ban the User’s Account, and/or require the User to pay a security deposit of up to $300.00 to reinstate the Account.

8.4 - Disclaimer of Liability. If you have a dispute with one or more Users, you agree to release, indemnify, and hold harmless GameAuction and its officers, directors, employees, agents, affiliates, and subsidiaries from all claims, demands, lawsuits, legal proceedings, costs, expenses, and damages, including but not limited to actual damages, special damages, incidental damages, or consequential damages of any kind and nature arising out of or in any way connected with such dispute, whether known or unknown. By signing this disclaimer, you expressly waive any protection (whether statutory or otherwise) that may limit the scope of this disclaimer, which protection is limited to claims that you know or suspect exist in your favor at the time of signing this disclaimer.

8.5 - Suspension of High-Dispute-Rate Accounts. In addition to the rights reserved above, GameAuction may also suspend or terminate User accounts with excessively high dispute or refund rates. We are committed to creating a trustworthy and safe marketplace, and excessive disputes harm the experience of all Users. If your Account’s dispute pattern exceeds the typical range for your service category, we may take measures, including temporarily suspending the Account or permanently closing it. If such measures are taken, we will notify the affected User.

8.6 - Obligation to Provide Proof of Delivery. If a buyer initiates a chargeback, the seller must provide sufficient and timely proof of delivery to support their claim. Failure to provide such proof may result in the dispute being decided in favor of the buyer and may affect the seller’s Account reputation and privileges. We encourage sellers to retain all transaction and delivery records to ensure they can properly respond to chargeback disputes.

9. Disclaimer of Warranties; Limitation of Liability

9.1 - The functions and services of this Website are provided "as is" and "as available", and GameAuction hereby expressly disclaims all express or implied warranties, including but not limited to any warranties regarding condition, quality, durability, performance, accuracy, reliability, merchantability, or fitness for a particular purpose. All such warranties, representations, conditions, undertakings, and terms are hereby excluded.

9.2 - GameAuction makes no representations or warranties regarding the validity, accuracy, correctness, reliability, quality, stability, completeness, or timeliness of any information provided through this Website. GameAuction does not warrant that the manufacture, importation, distribution, provision, display, purchase, sale, and/or use of the products or services provided or displayed on this Website will not infringe the rights of any third party; GameAuction makes no representations or warranties of any kind regarding any products or services provided or displayed on this Website.

9.3 - Any materials downloaded or otherwise obtained by Users through this Website are done so at the User’s sole discretion and risk, and the User shall be solely responsible for any damage to computer systems or loss of data resulting from the download of such materials. Any advice or information obtained by a User from GameAuction or through this Website, whether oral or written, does not constitute any warranty other than those expressly stated in this Agreement.

9.4 - Force Majeure. Under no circumstances shall GameAuction be liable for any delay, failure, or interruption of the Website content or Services directly or indirectly caused by natural disasters, force majeure, or causes beyond its reasonable control (including but not limited to internet outages, computer, telecommunications, or any other equipment failures, power outages, strikes, labor disputes, riots, insurrections, civil unrest, shortages of labor or materials, fires, floods, storms, explosions, acts of God, wars, government actions, orders of domestic or foreign courts or tribunals, or non-performance by third parties).

9.5 - Each User hereby agrees to indemnify and hold harmless GameAuction and its affiliates, directors, officers, and employees from and against any and all losses, claims, liabilities (including full indemnification for legal fees), whether directly or indirectly arising from:a. Information arising from such User’s use of the Website, including but not limited to the display of their information on the Website;b. Such User’s violation of any terms and conditions of this Agreement;c. Such User’s breach of any representations and warranties made to GameAuction, including but not limited to those set forth in Sections 5.3, 5.4, and 5.5 above.d. Any claims made by third-party claimants or other third parties regarding products provided or displayed on the Website.

9.6 - GameAuction and its affiliates, directors, officers, and employees shall not be liable for any special, direct, indirect, punitive, incidental, or consequential damages or any other damages (including but not limited to loss of profits or savings, business interruption, damages resulting from loss of information) whether based on contract, negligence, tort, strict liability, or other grounds, or any other damages caused by any of the following:a. The use of or inability to use the Website;b. Any defects in goods, samples, data, information, or services purchased or obtained by Users from third-party service providers through the Website;c. Any claims or demands that the manufacture, importation, distribution, provision, display, purchase, sale, and/or use of the products or services provided or displayed on the Website may infringe or are alleged to infringe Third-Party Rights; or any party claiming the right to defense or indemnification in respect of claims, demands, or actions by third-party claimants;d. Unauthorized access to any User’s data or personal information by third parties;e. Statements, actions, or materials posted by Website Users, including defamatory, offensive, or illegal materials; orf. Any other matters related to the Website.

9.7 - Right to Defend and Control. GameAuction reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are obligated to indemnify us, in which case you shall cooperate with GameAuction in asserting any available defenses.

9.8 - GameAuction reserves the right to restrict, deny, or create different access rights to the Website and its functions for different Users, or to change any functions or launch new functions without prior notice. Each User acknowledges that the inability to use the Website in whole or in part for any reason may have an adverse impact on their business. Each User hereby agrees that under no circumstances shall GameAuction or any of its affiliates, directors, officers, or employees be liable to the User or any third party for any damages arising from the inability to use the Website (whether due to interruption, restricted access, changes to or termination of any function of the Website, or other reasons).

9.9 - Third-Party Content. GameAuction is not the author of Third-Party Content, whether such content is contributed by anonymous Users or provided by paid content providers. Neither GameAuction nor any of its affiliates, directors, officers, or employees has established any sales agency relationship with such third parties by displaying Third-Party Content on the Website. All Third-Party Content is the sole responsibility of the third party providing such content. Neither GameAuction nor any of its affiliates, directors, officers, or employees shall be liable for the accuracy, appropriateness, legality, or truthfulness of any Third-Party Content, nor shall they be liable for any losses incurred by any User as a result of relying on such Third-Party Content. In addition, neither GameAuction nor any of its affiliates, directors, officers, or employees shall be liable for the actions of any User on the Website, nor shall they be liable for any losses suffered by any person as a result of such User’s actions.

9.10 - Third-Party Websites. GameAuction may allow Users to access content, products, or services provided by third-party websites through hyperlinks (in the form of text links, banner ads, channels, or other forms). Users acknowledge and agree that GameAuction has no control over such third-party websites and does not monitor them, and neither GameAuction nor any of its affiliates, directors, officers, or employees shall be liable for any such websites or any content, products, or services provided thereby. Before using such third-party websites, Users must read their terms and conditions and privacy policies to understand the terms and conditions governing your use of such websites.

9.11 - Notwithstanding the foregoing, if GameAuction is found to be liable, its liability shall be limited to the greater of: a) the amount of the specific transaction in dispute; b) the amount of the disputed fees, but not exceeding the total fees paid by the User to GameAuction in the 12 months prior to the act giving rise to the liability; or c) $100.

10. PlayerAuctions’ Intellectual Property Rights

10.1 - General Rules. GameAuction is the sole owner or lawful licensee of all rights in and to the Website and GameAuction Content. The Website and GameAuction Content contain trade secrets and intellectual property rights protected by copyright laws and other laws worldwide. The ownership, title, and intellectual property rights in and to the Website and GameAuction Content shall remain with GameAuction, its affiliates, or the licensors of GameAuction Content (as the case may be). All rights not expressly stated in this Agreement or by GameAuction are reserved.

10.2 - Trademarks and Service Marks. "GameAuction", "GameAuction.com", "Game Guardian", "Game rights", and related logos and marks are registered trademarks, trademarks, or service marks of GameAuction, Inc. in multiple jurisdictions and are protected by applicable copyright laws, trademark laws, and other proprietary rights laws. Unauthorized copying, modification, use, or distribution of these marks is prohibited.

11. Notice to Users

11.1 - All notices or demands sent to Users shall be deemed effective if delivered personally, by courier, registered mail, fax, or email to the User’s last known communication address, fax number, or email address provided to GameAuction, or if posted in a publicly accessible area of the Website free of charge. A notice shall be deemed received by the User when:a. GameAuction can prove that the communication (whether in paper or electronic form) has been sent to such User; orb. Immediately upon GameAuction posting such notice in a publicly accessible area of the Website free of charge.

12. Notices of Intellectual Property Infringement and Copyright Infringement Claims Pursuant to 17 U.S.C. § 512(c)

12.1 - GameAuction responds to notices of alleged copyright infringement in accordance with the requirements of the U.S. Digital Millennium Copyright Act. Please visit www.playerauctions.com/about/dmca/ to learn how to submit a notice to GameAuction.

13. Legal Disputes

13.1 - You and GameAuction agree that any legal or equitable claims or disputes arising out of or in connection with this GameAuction User Agreement or its prior versions, your use of or access to the Website, Services, or any products or services sold or purchased through GameAuction’s Website, Services, applications, or tools, whether arising now or in the future, shall be resolved in accordance with the provisions of this "Legal Disputes" section. Please read this section carefully. This section affects your rights and significantly impacts how claims between you and GameAuction may be resolved.

13.2 - Governing Law. You agree that, except as otherwise provided in this User Agreement, the laws of the State of California (without regard to conflict of laws principles) shall govern this User Agreement and any claims or disputes that have arisen or may arise between you and GameAuction.

13.3 - Negotiation and Arbitration Agreement. In the event of any dispute, claim, question, or difference arising out of or in connection with this Agreement or its breach, the parties shall use their best efforts to resolve such dispute, claim, question, or difference. To this end, the parties shall negotiate in good faith with each other and strive to reach a fair and reasonable solution satisfactory to both parties in the mutual interest. If the parties fail to reach such a solution within 60 days, then upon notice by either party to the other, all disputes, claims, questions, or differences shall be submitted to the American Arbitration Association for arbitration, which shall render a final decision. You and GameAuction each agree that any and all disputes or claims arising out of or in connection with this User Agreement or its prior versions, your use of or access to GameAuction’s Services, or any products or services sold, offered, or purchased through GameAuction’s Services shall be resolved by final and binding arbitration administered by the American Arbitration Association, and the award rendered by the arbitrator may be enforced in any court of competent jurisdiction. The place of arbitration shall be Los Angeles, California, and the language of arbitration shall be English. This Agreement is governed by and construed in accordance with the laws of the State of California, and the interpretation and enforcement of this arbitration agreement shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.

13.4 - In no event shall the amount awarded in any arbitration initiated pursuant to this provision exceed the greater of: a) the amount of the specific transaction in dispute; b) the amount of the disputed fees, but not exceeding the total fees paid by the User to GameAuction in the 12 months prior to the act giving rise to the liability; or c) $100.

13.5 - Fees. Each party shall bear its own costs and expenses and shall share equally the arbitrator’s fees and arbitration administration fees.

13.6 - Confidentiality. Except as required by law, neither party nor the arbitrator shall disclose the existence, content, or result of any arbitration conducted pursuant to this Agreement without the prior written consent of both parties.

13.7 - Waiver of Class Actions and Representative Actions; No Non-Individual Relief. You and GameAuction agree that each may bring claims against the other only in your individual capacity and not as a plaintiff or class member in any purported class action, representative action, or proceeding. Unless you and GameAuction otherwise agree, the arbitrator may not consolidate or join more than one person’s or party’s claims, nor may the arbitrator otherwise preside over any form of consolidated, representative, or class action proceeding. In addition, the arbitrator may award relief (including monetary damages, injunctive relief, and declaratory relief) only to the party seeking relief and only to the extent necessary to address the party’s individual claims. Any relief awarded shall not affect other GameAuction Users.

13.8 - Consent to Jurisdiction. If the above arbitration agreement is found to be inapplicable to you or a specific claim or dispute, you agree that any claims or disputes that have arisen or may arise between you and GameAuction shall be subject to the exclusive jurisdiction of the state or federal courts located in Los Angeles County, California. You and GameAuction agree to submit to the exclusive jurisdiction of the courts located in Los Angeles County, California, for the resolution of all such claims or disputes.

14. General Provisions

14.1 - This Agreement, the GameAuction Privacy Policy, and all policies posted on our Website constitute the entire agreement between the User and GameAuction regarding access to and use of the Website, and supersede all prior written or oral agreements relating to the same subject matter.

14.2 - GameAuction and the User are independent contractors, and this Agreement is not intended to create or constitute any agency, partnership, joint venture, employment, or franchise relationship.

14.3 - GameAuction’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

14.4 - If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be struck and shall not affect the validity and enforceability of the remaining provisions of this Agreement.

14.5 - The User agrees that there shall be no third-party beneficiaries to this Agreement.

14.6 - Headings are for reference only and do not define, limit, construe, or describe the scope or extent of such section in any way.