Terms of Service

Updated: April 8, 2020

Before Using GameGether, Please Read Below

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the www.gamegether.com website and the GameGether mobile application (together, or individually, the "Service") operated by GameGether, Inc. ("us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address and zip code, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

It is against GameGether’s Terms of Service for Buyers and Service Providers to offer to pay or make or accept payment using any method other than through GameGether. Payment issues with payments that did not happen through GameGether will not receive any support from GameGether. Violation of our Terms of Service will lead to account ban and/or suspension. If you have been asked to use an alternative payment method, please report it to support@gamegether.com.

Unless stated otherwise, you will be charged in the currency displayed on the payment page. All currency exchange services in connection with payments and withdrawals in local currencies are performed by payment services providers.

Service Providers

All user and Service Providers will be subject to PayPal Services Agreement.

Revenues are available for withdrawal following a clearance period of 5 days or less after the order is confirmed as completed.

Ratings of Service Providers comes from the order reviews of Buyers. If a Service Provider’s rating is exceedingly low it may lead to the suspension of the Service Provider’s account.

Service Providers who are promoted (Top Rated, New, Popular, etc.) on GameGether are chosen manually by GameGether editors through an ongoing review process based on data-points (very high ratings, account age and/or level, volume of sales, awesome customer service, high order acceptance and/or completion rate, community impact and/or leadership, etc.).

Promotions are constantly evaluated by GameGether and GameGether retains the right to change promotions. Service Providers who do not fulfill their promotions on GameGether based on quality standards such as a significant drop in ratings, not completing orders on time, high order cancellation rates or violate our Terms of Service will lose promotions benefit.

Community Guidelines, Violations, & Safety

Users who defames Service Providers by ordering from their services then giving intentionally negative or bad reviews will have their reviews removed and such users are subject to account ban, suspension and/or termination.

Users should not incessantly contact, spam, or solicit Buyers or Service Providers with the intent to remove or modify reviews that they deem unfavorable.

Users may receive a warning to their account for violations of our Terms of Service or any user misconduct reported to our support team.

GameGether will not tolerate or permit the following which are violations:

Unlawful Use and Indecent Media: you may not use GameGether for any unlawful purposes or to conduct illegal activities. Indecent media is defined as indecent images, photos, pseudo-photographs (a generatable image made or transformable through computer software or otherwise which appears to be a photograph or from in-game), videos, and tracings and derivatives of a photograph are not allowed.

Restricted content that is not allowed:
Any media that includes adult, pornography, penetrative and non-penetrative sexual activity, nudity or is sexual in nature, sexual exploitation or violence are not allowed.

Posting indecent media and/or conducting illegal activities (bribes, blackmail, sexual services, prostitution, escort services, pedophillia, exploiting minors).

Sexually suggestive content that highlight sexual body parts and/or elements (anything that focuses on breasts, buttocks, genitals, groping, choking, strangling, sexual fetishes, erotic role play, sex toys, stripping, flashing, descriptions—text or image—of sex acts)


GameGether reserves the right to remove public profile photos, any media and/or text at our discretion if it’s in violation of our Terms of Service, content guidelines, etc. We reserve the right to crop, reject and/or remove photos as needed if we deem them inappropriate for a GameGether profile.

Inappropriate Behavior & Language such as bullying, intimidating, defaming, harassing, and hate speech towards others will not be tolerated. We do not tolerate users who engage in targeted abuse or harassment towards other users.

Privacy: all users may not publish or post other people's private and confidential information.

False Identity: users cannot create a false identity on GameGether, misrepresent your identity, create a GameGether profile for anyone other than yourself. Your profile information may not be misleading, illegal, offensive, nefarious, indecent or harmful. GameGether reserves the right to require users to go through a profile verification process in order to use GameGether.

Multiple Accounts: to prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the GameGether community will be disabled.

Spamming, phishing, defrauding, bully and any nefarious activity is strictly prohibited.

GameGether is not responsible for the conduct of any user. Users are solely responsible for interactions with other users. If you see anything unsafe on GameGether please report it to support@gamegether.com immediately.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

Subscriptions

As we introduce new features and tools, some parts of the Service can be billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or GameGether, Inc. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting GameGether, Inc. customer support team.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide GameGether, Inc. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize GameGether, Inc. to charge all Subscription fees (if applicable) incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, GameGether, Inc. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Free Trial

GameGether, Inc. may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").
You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by GameGether, Inc. until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, GameGether, Inc. reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

GameGether, Inc., in its sole discretion and at any time, may modify fees (processing fees, platform fees, Service Provider fees, subscriptions). Any subscription fee change will become effective at the end of the then-current Billing Cycle.

GameGether, Inc. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds and Cancellations

Order refunds and cancellations can be performed on GameGether and by GameGether Support.

If an order is cancelled (for any reason), the funds paid will be returned to the Buyer’s GameGether and/or PayPal balance. If Buyer does not dispute an order or does not initiate a refund and then confirms the order was received and confirms it was delivered as described, then the order is non-refundable. During the confirmation of an order, GameGether asks and confirms with the buyer that the order was received and delivered as described. Since buyers are paying to play with a Service Provider through a gaming session, once that gaming session (order) happened (delivered to buyer), the order cannot be returned. Service Providers are required to keep proof of the order and service being delivered such as screenshot or saved record of the in-game session, voice call log from voice apps such as Discord, Skype, etc., and chat history discussing and confirming the order and game session(s).

As a buyer, if you did not receive an order or you did not receive the order as described, then do not confirm the order. Confirming the order means you acknowledged that you received the order as described. Instead, talk with your Service Provider to resolve any issues.

Certain refund requests for Subscriptions may be considered by GameGether, Inc. on a case-by-case basis and granted in sole discretion of GameGether, Inc.

GameGether does not automatically refund payments made for cancelled orders back to your payment provider. Funds from order cancellations are returned to the Buyer's GameGether balance. Funds returned to your GameGether Balance from cancelled orders will not include service fees paid and GameGether reimbursements and/or GameGether credits can be issued to you that are credited back to your account for canceled orders. GameGether credits, funds, or reimbursements can only be used when buying services on GameGether, within a limited period of time. GameGether credits are not redeemable for cash, have no cash value, and are nonrefundable. GameGether credits may be subject to additional conditions and limitations that can be disclosed upon receipt of the credits. Credits may be voided in cases of fraud, misuse, or violation of Terms. GameGether reserves the right to modify or cancel the GameGether credits program at any time. If you or GameGether deactivate or suspend your GameGether account, any unused credits can be forfeited.

Deposit refunds (i.e. refunds directly to your payment provider) can be performed by our Customer Support team, based on the Order’s original payment amount and currency. To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund, which is subject to review by our Customer Support team. Such refunds may be subject to an additional fee.

Refunds and Chargebacks are subject to payment provider and/or credit cards terms and conditions.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

GameGether, Inc. has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of GameGether, Inc. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Accounts

When you create an account with us, you guarantee that you are 13 years of age or older, and that the information you provide us is accurate, complete, and current at all times. If you are under the age of 13 you may not use GameGether or GameGether services. If you are under the age of 18, you may not use GameGether or become a Service Provider without written consent from a legal guardian or parent. By using this site or GameGether services, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of GameGether, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of GameGether, Inc.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by GameGether, Inc.

GameGether, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that GameGether, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless GameGether, Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

GameGether is a Marketplace—Limitation Of Liability

GameGether acts as a marketplace to connect users who wish to play video games with Service Providers. GameGether does not verify information and services of Service Providers or Users such as their skill, knowledge, tier level, etc. GameGether does not employ or contract any Service Providers and therefore cannot guarantee or be liable for the quality or experience any user has with Service Provider(s). GameGether is not responsible for the conduct of any Service Providers or Users and not responsible for the use or exchange of any information or files between Service Providers and Users.

In no event shall GameGether, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

You acknowledge and agree that these Terms of Service and our Privacy Policy do not create any employment, agency, partnership, or joint venture relationships between you and GameGether.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

GameGether, Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us support@gamegether.com