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Terms of Use and Sale

Updated April 2018

 

Welcome to GoodGameBuzz at www.goodgamebuzz.com (“GoodGameBuzz” or “Website”). GoodGameBuzz is a website and suite of software applications, video game servers, communications platforms, and community platforms operated by GoodGameBuzz LLC. (“GoodGameBuzz,” “We,”, “Us,” “Our”), located at 720 S. 7th Street, 3rd Floor, Las Vegas, Nevada, 89101, USA.

GoodGameBuzz provides you with access to a variety of resources, including the Website, information about software, virtual goods, online video game servers, services and other merchandise that may or may not be available for purchase, download areas, software and tools (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to these Terms of Use and Sale (“Terms of Use and Sale” or “Contract”). By using the Website, purchasing products and services from GoodGameBuzz or using any Services, you accept and agree to these Terms of Use and Sale, GoodGameBuzz’s Privacy Policy (see the PRIVACY AND PROTECTION OF PERSONAL INFORMATION section below), and applicable terms and conditions, policies or disclaimers found on www.goodgamebuzz.com or referenced herein and accessible through the related hyperlinks (collectively the “GoodGameBuzz Policies”). We encourage you to read the GoodGameBuzz Policies carefully. YOU MAY NOT USE THE WWW.GOODGAMEBUZZ.COM OR SERVICES IF YOU DO NOT AGREE TO THE GOODGAMEBUZZ POLICIES.

Terms Relating to Your Use of the GoodGameBuzz

1. PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, www.goodgamebuzz.com and Services are for your personal and non-commercial use. You may not commercially distribute, publish, license, or sell any information or services obtained from the GoodGameBuzz Website or Services.

2. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THE WEBSITE OR SERVICES

Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from GoodGameBuzz and Services is granted, provided that (1) the following copyright notice: “© 2018 GoodGameBuzz LLC. All rights reserved.” appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from GoodGameBuzz or Services is for informational and non-commercial or personal use only and will not be copied or posted on any network

computer or broadcast in any media, unless permitted by exemptions under applicable copyright laws, and (3) no modifications of any Documents are made. Accredited educational institutions, such as primary and secondary institutions, universities, private/public colleges, and community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires GoodGameBuzz’s express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the Website or any other GoodGameBuzz owned, operated, licensed or controlled website, server, application, or community platform. Elements of the Website or Services are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any the Website or Services, including the Website, may be copied, retransmitted or made available unless expressly permitted by GoodGameBuzz or applicable law.

The documents and related graphics published on www.goodgamebuzz.com or Services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. GoodGameBuzz and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

3. MEMBER ACCOUNT, PASSWORD, AND SECURITY

If GoodGameBuzz or any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You may also be required to accept a service agreement or separate terms of use as a condition of opening the account. You are responsible for keeping your account information and password confidential and are responsible for all activity that occurs under your account. You agree to notify GoodGameBuzz without delay of any unauthorized use of your account or any other breach of security.

4. NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of GoodGameBuzz and Services, you warrant to us that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any GoddGameBuzz server, or the network(s) connected to any GoodGameBuzz server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any GoodGameBuzz server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You may not use the Services in a way that infringes rights of third parties, including, but not limited to, willfully harming a person or entity, including GoodGameBuzz.

GoodGameBuzz reserves the right at all times to disclose any information, the disclosure of which is necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in GoodGameBuzz’s sole discretion.

5. MATERIALS THAT YOU PROVIDE TO GOODGAMEBUZZ OR POST ON WWW.GOODGAMEBUZZ.COM

GoodGameBuzz does not claim ownership of the materials you provide to GoodGameBuzz (including feedback, ratings, videos, images and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community (each a “Submission” and collectively “Submissions”). However, GoodGameBuzz reserves right to use your Submission, including your name, for any reason deemed necessary by GoodGameBuzz, in sole discretion.

No compensation will be paid with respect to the use of your Submission. GoodGameBuzz is under no obligation to post or use any Submission you may provide and GoodGameBuzz may remove any Submission at any time in its sole discretion.

You warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use and Sale including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

6. UNSOLICITED IDEA SUBMISSION POLICY

GoodGameBuzz and its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, IDEAS, SAMPLES, DEMOS, OR OTHER WORKS. The sole purpose of this policy is to avoid potential misunderstandings or disputes when GoodGameBuzz’s products or marketing strategies might seem similar to ideas submitted to GoodGameBuzz. So, please do not send your unsolicited ideas to GoodGameBuzz or anyone at GoodGameBuzz. If, despite our request that you do not send us your ideas and materials, you still send them, please understand that GoodGameBuzz will not compensate you for them and makes no assurances that your ideas and materials will be treated as confidential or proprietary.

7. LINKS TO THIRD-PARTY WEBSITES

The GoodGameBuzz may include links to third-party websites that let you leave the Website, applications, software or server. These linked sites are not under the control of GoodGameBuzz and GoodGameBuzz is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. GoodGameBuzz is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by GoodGameBuzz of the site. Your use of the third-party website may be subject to that third party’s terms and conditions.

Terms Relating to the Sale of Products to You

8. GEOGRAPHIC AVAILABILITY

GoodGameBuzz is intended for use by customers who reside in the country or region serviced by this Website and there may be limits on where we can ship products as set forth in our shipping policies. To complete your purchase, you must have a valid billing and shipping address within that country or region.

9. END USERS ONLY

You must be an end user to purchase products from the GoodGameBuzz. Resellers are not eligible to purchase.

10. EXPORT LIMITATIONS

Products purchased from the GoodGameBuzz (including hardware, software, virtual goods, software/platform access and software downloads) may be subject to customs and export control laws and regulations. You agree to comply with all international and national laws and regulations that apply to you in relation to such products.

11. ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete, and accurate purchase and account information for all purchases made at GoodGameBuzz. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed in connection with your transactions.

12. PRODUCT AVAILABILITY AND QUANTITY AND ORDER LIMITS

Product prices and availability are subject to change at any time and without notice. GoodGameBuzz may place a limit on the quantities that may be purchased per order, per account, per credit card, per person, or per household. GoodGameBuzz may refuse or reject any order at any time, for reasons which include, but are not limited to, if you have not met the conditions specified at the time of the order, if your payment cannot be processed, if the ordered products or services are not available, or for obvious errors on the Website or made in connection with your order. If we are unable to supply the products or services that you ordered, we will contact you and may offer you an alternative product to consider instead.

13. SOFTWARE PURCHASES AND LICENSE TERMS

Any software made available to download or purchase from the GoodGameBuzz or Services is the copyrighted work of GoodGameBuzz and/or its suppliers. When you purchase software, you are actually purchasing a license to use the software rather than purchasing the software itself. Software licenses purchased at the GoodGameBuzz are subject to the license agreement that accompanies the software (the “License Agreement”). You will be required to agree to the terms and conditions of the License Agreement when you install the software.

PLEASE CONTACT THE GOODGAMEBUZZ (AS DESCRIBED IN THE NOTICES AND COMMUNICATION SECTION BELOW) IF YOU WOULD LIKE A COPY OF THE APPLICABLE LICENSE AGREEMENT, AT NO COST, BEFORE YOU OPEN SOFTWARE.

Any reproduction or redistribution of software or merchandise not in accordance with the relevant License Agreement and applicable law is expressly prohibited and may result in severe civil and criminal penalties. Violators risk being prosecuted to the maximum extent possible.

FOR YOUR CONVENIENCE, GOODGAMEBUZZ MAY MAKE AVAILABLE AS PART OF THE GOODGAMEBUZZ OR SERVICES OR IN ITS SOFTWARE OR MERCHANDISE, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD THAT ARE NOT PART OF THE PRODUCT OR SERVICES SOLD. TO THE EXTENT PERMITTED BY APPLICABLE LAW, GOODGAMEBUZZ DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM THE USE OF ANY SUCH TOOLS AND UTILITIES.

Please respect the intellectual property rights of others when using the tools and utilities made on the GoodGameBuzz or Services, or in software products or merchandise.

14. ELECTRONIC SOFTWARE DOWNLOADS

Electronic software download (“ESD”) products are delivered to you by making a download link available in your GoodGameBuzz account associated with your product purchase. Subject to the paragraph below, we usually store the download link and related digital key in your GoodGameBuzz account for 3 years following the purchase date, but do not promise to store them for any particular length of time. For ESD subscription products, different terms and storage rights may apply, which you will be able to review and agree to at the time of your subscription. You agree that we may cancel or modify our digital key storage program at any time. You also agree that we may stop supporting the storage of keys for one or more products at any time and for any reasons, including, by way of example, at the end of the product support life cycle, after which you will no longer have access to the download link or digital key.

OTHER TERMS AND CONDITIONS

In addition to software and ESD products, other products and services available for purchase or trial on the GoodGameBuzz may also be offered to you subject to separate end user license agreements, terms of use, terms of service or other terms and conditions. If you purchase or use those products, you may be required to also accept those terms as a condition of purchase, installation or use.

15. PRICE AND PAYMENT

Prices at the GoodGameBuzz will be as stated on the Website. Pricing is for individual consumers. If you want to purchase for a commercial, educational or government organization, please ask for information about our volume licensing programs.

GoodGameBuzz does not have a price match guarantee. We will not match the advertised price other retailers offer for the same items.

We may offer you the opportunity to pre-order a product from GoodGameBuzz before it is available for purchase. If you do, we may place a hold on your credit or debit card at the time of pre-order but will not charge your card until the product is available for download or we ship it. If the advertised price of the product decreases between the date you pre-ordered and the date the product is available for download or shipping, we will charge you the lower price. You may cancel your pre-order before the product is shipped or available for download by calling our customer support number located on our Sales and Support page. Once your pre-order is shipped or available for download, our normal return policies apply. We will indicate on the Website if different pre-order terms apply to a specific product.

Prices shown on the Website exclude all taxes or charges (“Taxes”) that may apply to your purchase.

Prices shown on the Website also exclude physical product delivery costs. Taxes and delivery costs will be added to the amount of your purchase and shown on the check-out page. You will have an opportunity to review the taxes and delivery costs before you confirm your purchase. Each item in your Shopping Cart is shown at the current price.

GoodGameBuzz offers different payment options as identified on our Website. We reserve the right to change our payment options at any time and for any reasons. If offers are made in your local currency and are payable in another currency with an international credit card, final price in your currency will depend on the foreign exchange rates, taxes and fees applied by your bank or the issuer of your international credit card issuer. These transactions may be subject to taxes and/or fees on international transactions not charged by GoodGameBuzz.

16. AUTOMATIC RENEWAL PRODUCTS

Provided that automatic renewals are allowed in your country, region, province, or state, you may purchase subscriptions from us that automatically renew. If you purchase such subscription products and provide us with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize GoodGameBuzz to charge you for the services using your payment method; and (iii) authorize GoodGameBuzz to charge you for any paid feature of the services that you choose to sign up for or use while this agreement is in force. You must cancel the services before the renewal date to avoid being billed for the renewal.

17. RETURN POLICY

GoodGameBuzz’s return policy is in addition to any statutory return rights you may have under law. There are absolutely no refunds, returns of any kind for any ESD product, Buzz currency or any virtual product, service, code, license key or good. Business customers may be subject to different return criteria.

When you purchase a service or ESD product from us, you agree that we may begin to provide the service or ESD product immediately.

ALL SALES ARE FINAL for all virtual, digital and ESD products.

18. CUSTOMER SERVICE

Please visit our Support page for more information about customer service options.

19. CHANGING TERMS

GoodGameBuzz may change the Terms of Use and Sale at any time and without notice to you. The Terms of Use and Sale in force at the time you place your order will govern your purchase and serve as the purchase contract between us. Before your next purchase, GoodGameBuzz may have changed the Terms of Use and Sale without notice to you. Please be sure to review the current Terms of Use and Sale each time you visit any GoodGameBuzz website, application, product or Service. We recommend that you save or print a copy of the Terms of Use and Sale for future reference when you make a purchase.

20. LIMITATIONS ON USE BY MINORS

You must have reached the age of majority in your province/territory of residence to purchase products from the GoodGameBuzz.

21. PRIVACY AND PROTECTION OF PERSONAL INFORMATION

Your privacy is important to us. We use certain information that we collect from you to operate and provide the GoodGameBuzz and the Services. Additionally, we may also automatically upload information about your machine, your use of the Services and Service performance. Please read our Privacy Policy to learn about how we use and protect your information..

22. PRODUCT DISPLAY AND COLORS

GoodGameBuzz attempts to display product colors and images accurately but we cannot guarantee that the color you see on your monitor will exactly match the product’s color.

23. ERRORS ON THE WEBSITE, SERVICES OR APPLICATIONS

We work hard to publish information accurately, update the Website and Services regularly and correct errors when discovered. However, any of the content on our Website may be incorrect or out of date at any given time. We reserve the right to make changes to the Website and Services at any time, including to product features, prices, specifications, offers and availability.

24. TERMINATION OF SITE USE

GoodGameBuzz may terminate your account or use of the Services at any time for any reason, including, without limitation, if you are in breach of these Terms of Use and Sale or if GoodGameBuzz is no longer operated by GoodGameBuzz. By using GoodGameBuzz and the Services, you agree to be responsible for any orders you make or charges you incur prior to such termination. GoodGameBuzz may change, discontinue, or otherwise suspend the GoodGameBuzz at any time, for any reason, and without prior notice to you.

25. NO WARRANTIES

GOODGAMEBUZZ MAKES NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO PRODUCTS OR SERVICES SOLD ON THE GOODGAMEBUZZ.

THEY ARE WARRANTED, IF AT ALL, ONLY UNDER ANY LICENSE AGREEMENT OR MANUFACTURER’S WARRANTY THAT MAY ACCOMPANY THEM. YOU UNDERSTAND THAT YOUR PURCHASE AND USE IS AT YOUR OWN RISK AND THAT WE PROVIDE PRODUCTS AND SERVICES ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU ASSUME THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE. SHOULD THEY PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR. GOODGAMEBUZZ DOESN’T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE GOODGAMEBUZZ OR SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THIS CONTRACT IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE GOODGAMEBUZZ OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON’T OCCUR.

26. LIMITATION OF LIABILITY

If, despite the other sections of this Contract, GoodGameBuzz is found liable to you for any loss or damage that arises out of or is in any way connected with your use of GoodGameBuzz, the Services, or any product or service offered, you agree that your exclusive remedy is to recover from GoodGameBuzz or any affiliates, resellers, distributors, and vendors direct damages up to (1) an amount equal to the price or fee for one month of any service, subscription or similar fee (not including the purchase price for hardware, software, support, or extended warranties), or (2) US $100.00 if there was no service, subscription or similar fee.

YOU AGREE THAT YOU CAN’T RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING, WITHOUT lIMITATION, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE. THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF YOU INCUR DAMAGES AND EVEN IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THESE LIMITATIONS AND EXCLUSIONS APPLY TO ANYTHING RELATED TO THE GOODGAMEBUZZ, THE SERVICES, THIS CONTRACT, OR ANY PRODUCT OR SERVICE OFFERED, INCLUDING LOSS OF CONTENT; ANY VIRUS AFFECTING YOUR USE OF THE GOODGAMEBUZZ OR SERVICES; DELAYS OR FAILURES IN STARTING OR COMPLETING TRANSMISSIONS OR TRANSACTIONS; CLAIMS FOR BREACH OF CONTRACT, WARRANTY, GUARANTEE, OR CONDITION; CONSUMER PROTECTION; DECEPTION; UNFAIR COMPETITION; STRICT LIABILITY, NEGLIGENCE, MISREPRESENTATION, OMISSION, TRESPASS OR OTHER TORT; VIOLATION OF STATUTE OR REGULATION; OR UNJUST ENRICHMENT.

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