IMPORTANT! PLEASE READ THESE TERMS OF USE (THE "TERMS") CAREFULLY BEFORE USING HTTP://GAMEPRIC.ES.COM (THE "WEB SITES"), AS IT AFFECTS AND GOVERNS YOUR USE OF THESE WEB SITES AND YOUR LEGAL RIGHTS AND OBLIGATIONS. You agree to these Terms by accessing this Web Site. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THESE WEB SITES.
GamePric.es.com is not an online merchant, we are a shopping portal used to save you money and time finding deals on the internet. We are not responsible for any products ordered from our affiliated or non affiliated merchants. Before participating in any deal, coupons or promotions on this site please read the fine print associated with each offer. All deals, coupons, and promotions on this site are subject to change without notice. GamePric.es.com does not guarantee the accuracy of links, coupons, or deals on this site. You agree to comply with all rules, laws and regulations that are applicable to your use of the Web Site, including, without limitation, those governing your transmission or use of any software or data.
1. ACCEPTANCE OF TERMS
GamePric.es LLC (herein after "GamePric.es.com" or “GamePric.es”) welcomes you to
our community. GamePric.es LLC refers to the Web Sites http://gamepric.es. GamePric.es provides its service to you subject to the
following Terms of Service (herein after "TOS"), which may be updated by us from
time to time without notice to you. In addition, when using particular
GamePric.es owned or operated services, all guests and registered members of
GamePric.es shall be subject to any posted guidelines or rules applicable to such
services, which may be posted from time to time. All such guidelines or rules
(including but not limited to GamePric.es Privacy policy) are hereby incorporated
by reference into the TOS.
2. DESCRIPTION OF SERVICE
GamePric.es provides users with access to a rich collection of resources,
including various communications tools, forums, shopping services, search
services, personalized content and branded programming through its network of
properties which may be accessed through any various medium or device now known
or hereafter developed (herein after the "Service"). Unless explicitly stated
otherwise, any new features that augment or enhance the current Service,
including the release/upgrade of new GamePric.es properties, shall be subject to
the TOS. You understand and agree that the Service is provided "AS-IS" and
that GamePric.es assumes no responsibility for the timeliness, deletion,
misdelivery or failure to store any user communications or personalization
settings. You are responsible for obtaining access to the Service, and that
access may involve third-party fees (such as Internet service provider or
airtime charges). In addition, you must provide and are responsible for all
equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of
legal age to form a binding contract and are not a person barred from receiving
services under the laws of the United States or other applicable jurisdiction.
You also agree to: (a) provide true, accurate, current and complete information
about yourself as prompted by the Service's registration form (the "Registration
Data") and (b) maintain and promptly update the Registration Data to keep it
true, accurate, current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or GamePric.es has reasonable
grounds to suspect that such information is untrue, inaccurate, not current or
incomplete, GamePric.es has the right to suspend or terminate your account and
refuse any and all current or future use of the Service (or any portion
thereof). All decisions concerning limited access to the site or termination
of your account is at GamePric.es sole discretion and all decisions are final
unless otherwise notified.
4. GAMEPRIC.ES PRIVACY POLICY
Registration Data and certain other information about you is subject to our
Privacy Policy. For more information, please read our full privacy policy.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account and are fully responsible for all
activities that occur under your password or account. You agree to (a)
immediately notify GamePric.es of any unauthorized use of your password or
account or any other breach of security, and (b) GamePric.es recommends that you
exit from your account at the end of each session if using a public computer.
GamePric.es cannot and will not be liable for any loss or damage arising from
your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages, tags, or other materials (herein after
"Content"), whether publicly posted or privately transmitted, are the sole
responsibility of the person from whom such Content originated. This means that
you, and not GamePric.es, are entirely responsible for all Content that you
upload, post, email, link, transmit or otherwise make available via the Service.
GamePric.es does not control the Content posted via the Service and, as such,
does not guarantee the accuracy, integrity or quality of such Content. You
understand that by using the Service, you may be exposed to Content that is
offensive, indecent or objectionable to your own personal beliefs. Under no
circumstances will GamePric.es be liable in any way for any Content, including,
but not limited to, any errors or omissions in any Content, or any loss or
damage of any kind incurred as a result of the use of any Content posted,
emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
You acknowledge that GamePric.es may or may not pre-screen Content, but that GamePric.es and its moderators shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, or move any Content that is available via the Service. Without limiting the foregoing, GamePric.es and its moderators shall have the right to remove any Content that violates the TOS or is otherwise objectionable at their sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by GamePric.es or submitted to GamePric.es, including without limitation information in all parts of the Service, which includes forum board posts.
You acknowledge, consent and agree that GamePric.es may access, preserve and disclose your account information, including your ISP address, and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of GamePric.es, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by GamePric.es and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content. Specifically, you
agree to comply with all applicable laws regarding the transmission of technical
data exported from the United States or the country in which you reside.
8. INDEMNITY
You agree to indemnify and hold GamePric.es and its subsidiaries, affiliates,
officers, agents, employees, partners and licensors harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to or
arising out of Content you submit, post, transmit or otherwise make available
through the Service, your use of the Service, your connection to the Service,
your violation of the TOS, or your violation of any rights of another.
9. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that GamePric.es may establish general practices and limits
concerning use of the Service, including without limitation, the maximum number
of days that Private Messages are stored, message board postings or other
uploaded Content will be retained by the Service, the maximum number of Private
Messages that may be sent from or received by an account on the Service, the
maximum size of any Private Message or message board posting that may be sent
from or received by an account on the Service, the maximum disk space that will
be allotted on GamePric.es's servers on your behalf, and the maximum number of
times (and the maximum duration for which) you may access the Service in a given
period of time. You agree that GamePric.es has no responsibility or liability for
the deletion or failure to store any messages and other communications,
including but not limited to message board posts, or other Content maintained or
transmitted by the Service. You acknowledge that GamePric.es reserves the right
to log off accounts that are inactive for an extended period of time. There
is a limit of one (1) account per person. Any subsequent accounts created
without the express written permission of the GamePric.es administrator will be
banned and/or closed. Creating multiple accounts may also jeopardize your
ability to access the GamePric.es site and your original account may be banned
and/or closed. You further acknowledge that GamePric.es reserves the right to
modify these general practices and limits from time to time as they see fit.
10. MODIFICATIONS TO SERVICE
GamePric.es reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with
or without notice. You agree that GamePric.es shall not be liable to you or to
any third party for any modification, suspension or discontinuance of the
Service.
11. TERMINATION OF USER ACCOUNT (I.E. BANNING AN ACCOUNT)
You agree that GamePric.es may, under certain circumstances and without prior
notice, immediately terminate your GamePric.es account, any associated account(s),
and access to the Service indefinitely or for a set period of time. A
termination of an account is also known as getting banned from the GamePric.es
site. A termination of an account, whether it is being temporarily or
permanently banned, may include limitations to accessing GamePric.es, but the
user’s profile, including their posts, will not be deleted. Cause for such
termination shall include, but not be limited to, (a) breaches or violations of
the TOS or other incorporated agreements or guidelines, (b) requests by law
enforcement or other government agencies, (c) a request by you (self-initiated
account deletions), (d) discontinuance or material modification to the Service
(or any part thereof), (e) unexpected technical or security issues or problems,
(f) extended periods of inactivity, (g) engagement by you in fraudulent or
illegal activities, and/or (h) nonpayment of any fees owed by you in connection
with the Services. Further, you agree that all terminations for cause shall be
made at GamePric.es's sole discretion and that GamePric.es shall not be liable to
you or any third party for any termination of your account, any associated
Content, or access to the Service.
12. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser. You agree that GamePric.es shall not be responsible or liable for any
loss or damage of any sort incurred as the result of any such dealings or as the
result of the presence of such advertisers on the Service.
13. LINKS
The Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because GamePric.es has no control over such sites
and resources, you acknowledge and agree that GamePric.es is not responsible for
the availability of such external sites or resources, and does not endorse and
is not responsible or liable for any Content, advertising, products or other
materials on or available from such sites or resources. You further acknowledge
and agree that GamePric.es 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 site or resource.
14. GAMEPRIC.ES'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used
in connection with the Service ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property and other
laws. You further acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through the Service or by
advertisers is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly authorized by GamePric.es,
you agree not to modify, rent, lease, loan, sell, distribute or create
derivative works based on the Service or the Software, in whole or in part.
15. DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
16. LIMITATION OF LIABILITY
You expressly understand and agree that GamePric.es shall not be liable to
you for any direct, indirect, incidental, special, consequential or exemplary
damages, including, but not limited to, damages for loss of profits, goodwill,
use, data or other intangible losses (even if GamePric.es has been advised of the
possibility of such damages), resulting from: (i) the use or the inability to
use the service; (ii) the cost of procurement of substitute goods and services
resulting from any goods, data, information or services purchased or obtained or
messages received or transactions entered into through or from the service;
(iii) unauthorized access to or alteration of your transmissions or data; (iv)
statements or conduct of any third party on the service; or (v) any other matter
relating to the service.
17. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the
limitation or exclusion of liability for incidental or consequential damages.
Accordingly, some of the above limitations of Sections 15 and 16 may not apply
to you.
18. NOTICE
GamePric.es may, but is not required to, provide you with notices, including
those regarding changes to the TOS, by email, regular mail, or postings on the
Service. The obligation is solely on you, the user, to check for any updates to
this TOS at any time.
19. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL
PROPERTY INFRINGEMENT
Please refer to our Copyright Notice.
Entire Agreement. The TOS constitutes the entire agreement between you and GamePric.es and governs your use of the Service and Content, superseding any prior agreements between you and GamePric.es with respect to the Service and Content. You also may be subject to additional terms and conditions that may apply when you use certain other GamePric.es services, affiliate services, third-party content or third-party software.
Dispute Resolution. All disputes arising out of, relating to or connected with these TOS or your use of any part of the GamePric.es.com Service will be exclusively resolved under confidential binding arbitration held in Clark County, Nevada before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying Nevada law (without regard for conflicts of law principles). The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these TOS will be joined to an arbitration involving any other party subject to these TOS, whether through class arbitration proceedings or otherwise. Any action to enforce an arbitrator's award will be brought in a federal or state court located in Clark County, Nevada. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and Nevada State courts in Clark County. By entering into these TOS, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to or connected with these TOS or your use of any part of the GamePric.es.com Service must be asserted individually. Notwithstanding anything to the contrary in this Section, GamePric.es may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.
Waiver and Severability of Terms. The failure of GamePric.es to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your GamePric.es account is non-transferable and any rights to your GamePric.es ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within ninety (90) days after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect if they run contrary to the law.
21. VIOLATIONS
Please report any violations of the TOS to our Customer Support at
tos@gamepric.es.
22. EFFECTIVE DATE
This TOS is effective as of January 13th, 2011.
(These terms of service were inspired by SlickDeals.net)