Terms and conditions of 1Gamers.com
These Terms and Conditions govern the relationship between the User and 1gamers.com, and concern the User’s use of and access to the Online Shop. By clicking on the ‘Accept’ button, logging in or otherwise using the Online Shop, the User declares to have read, understood and agreed to be bound by these Terms and Conditions and any other applicable legal agreement as a 1gamers.com account holder, and to be aware that they are modified over time. If you do not agree to these Terms and Conditions, you should cease using or accessing the Online Shop immediately. If you are using the Online Shop on behalf of a third party such as, but not limited to, commercial and corporate entities, you warrant that you are authorised and have the authority to bind that third party to these Terms and Conditions.
1. Definitions
The following terms are used throughout these Terms and Conditions and have specific meanings.
a. ‘Account’ refers to the account that Users may create through the Online Shop to access the Services.
b. ‘Additional Codes’ refers to any Digital Programme with additional or advanced features, special weapons or characters, virtual coins, or subscriptions to access content or services that are only accessible or usable within a particular Programme.
c. ‘Agreement’ and ‘Terms and Conditions’ together refer to all the terms, conditions and notes contained or referred to in this document (which are amended from time to time) and all other 1gamers.com rules and policies available on the Online Shop (including, but not limited to, the Privacy Policy, 1gamers.com guidelines and procedures that may be posted on the Online Shop from time to time). com available on the Online Shop (including, but not limited to, the Privacy Policy, the guidelines and procedures of 1gamers.com that may be published on the Online Shop over time).
d. ‘Buyer’ refers to the person who contacts, interacts with and/or aims to purchase a Programme marketed by a Seller through the Online Shop.
e. ‘CD-Key’ refers to a serial number or code used to register and activate a specific Programme and which will be provided in the Order Confirmation once payment of the Programme Price has been successfully completed.
f. ‘1gamers.com Content’ refers to any content (including but not limited to: the name, registered trademark and logo of 1gamers.com; all information about 1gamers. com and its employees; any messages, communications, photographs, graphics, applications; any video and audio recordings, sounds, designs, features and other materials) generated by and/or belonging to 1gamers.com.
g. ‘1gamers.com’, ‘1Gamers’, ‘we’, ‘us’, ‘our’, collectively refer to Creative Ways Limited with its registered office at Dept 4139 43 Owston Road, Carcroft Doncaster, DN6 8DA United Kingdom.
h. ‘Order Confirmation’ refers to each and every written or electronically transmitted order confirmation from 1gamers.com to the Purchasers in relation to the Programmes. An Order Confirmation may contain, by way of example and not limited to: the CD Code; the Price of the Programme; the payment terms; the details of the Programme; the details of the publisher and developer of the Programme; and any special conditions.
i. ‘Content’ refers to any content sent, generated, presented or displayed through the Online Shop, including but not limited to: Programme details; any messages, correspondence, graphics, software, applications, video and audio recordings, sounds, company logos, photos, designs, features, user reviews and other material available on the Online Shop. The Contents include, by way of example and not limited to, the User Contents that may be uploaded by the same to use the services of 1gamers.com.
j. ‘Online Shop’ refers to the 1gamers.com platform, to any online tool provided, managed and/or made available by 1gamers.com (including, by way of example and not limited to: the 1gamers.com website available at https://www.1gamers.com; all subsections and sub-sections and sub-sections and sub-sections and sub-sections and sub-sections and sub-sections and sub-sections and sub-sections and sub-sections and sub-sections and sub-sections and sub-sections and sub-sections and sub-sections and sub-sections and sub-sections and sub-sections and sub-sections and sub-sections and sub-sections and sub-sections and sub-sections and sub-sections and com (including, but not limited to: the 1gamers.com website available at https://www.1gamers.com; all subsections and subdomains related to https://www.1gamers.com; any domain connected to it and any mobile application that offers access to or facilitates the provision of the Services).
k. ‘Privacy Policy’ refers to the privacy practices of 1gamers.com in relation to the use of the Online Shop and is available at the URL: https://www.1gamers.com/privacy-policy.
l. ‘Programme’ refers to each and every digital or virtual game, software (for companies and consumers), related digital products, including additional Content and Codes, or services that are made available through the Online Shop. The Programme includes the Buyer’s software used to access the Programme, documentation, advertising, services, technology, any content, data and other digital material included in or made available through a Programme (even after it has been downloaded or initial access has been gained), or through any updates and other changes and versions of the Programme.
m. ‘Price of the Programme’ refers to the total sum established in the Order Confirmation and chargeable by 1gamers.com to Buyers for the purchase of a Programme.
n. ‘Seller’ refers to a person or company that contacts, interfaces with and/or aims to sell a Programme through the Online Shop. A Seller could be the publisher and/or developer of a Programme.
o. ‘Seller Services’ refers to any service provided by Sellers in relation to a Programme, including but not limited to the supply of the Programmes, together with any additional technical and support services provided by the Seller in accordance with the Seller Agreement.
p. ‘Vendor Agreement’ refers to the terms and conditions of a Vendor and/or an agreement that will be entered into between a Buyer and a Vendor to formalise their agreement, specifying the key terms of their engagement as well as an end-user licence agreement relating to a specific Programme.
q. ‘Service’ refers to the online and/or offline services offered by 1gamers.com for the supply and use of the technology that 1gamers.com has developed to facilitate Buyers’ access to the range of Programmes, Sellers and Seller Services, including but not limited to access to the 1gamers.com online community, communication tools and payment services. com, to the communication tools and to the payment services.
r. ‘Third-party Content’ refers to any content that belongs to or originates from parties other than 1gamers.com, Sellers and Buyers.
s. ‘User Content’ refers to any content, written or otherwise, created, sent, generated, presented, displayed through the Online Shop (including, but not limited to, any messages, correspondence and photographs) by Users while using the Online Shop.
t. ‘User’, ‘his’, ‘hers’, ‘its’, ‘theirs’ and ‘thems’ collectively refer to the person, company or organisation that has visited or is using the Online Shop and/or the Service. A User could be a visitor to 1gamers.com, the holder of an Account, and/or a Buyer. <
2. About 1gamers.com and the Online Shop
2.1 1gamers.com is an online/internet platform that brings together Buyers and Sellers to facilitate the sale and purchase of various Programmes. The Online Shop provides access to a variety of Programmes and facilitates buying and selling between Buyers and Sellers.
2.2 The User recognises and accepts that 1gamers.com acts as an intermediary between Buyers and Sellers and that any offer and/or sale made through the Online Shop occurs between a particular Seller and the Buyer, while 1gamers. com merely facilitates these transactions by creating and making available the Online Shop functionalities and providing certain Services to the Users in order to improve the security, speed and reliability of the transactions.
2.3 Buyers understand, acknowledge and accept that any transaction and/or agreement entered into with a Seller as a result of the use of the Services, whether oral or written, is between the Buyer and the Seller only, and 1gamers.com is not a party to it. Notwithstanding these Terms and Conditions, Buyers may be asked to enter into contractual arrangements with Sellers and/or agree to Seller’s terms and conditions in order to purchase a Programme. In such a case, 1gamers.com is not a party to the Seller Agreement and shall not be held responsible to fulfil the obligations of the Seller Agreement entered into between Buyers and Sellers. 1gamers.com disclaims any and all liabilities arising out of or in connection with any Seller Agreement.
2.4 The User acknowledges and agrees that 1gamers.com does not own, sell, resell, supply, provide, rent, sub-rent and/or host any Seller’s Programme and/or Service and that the Sellers are solely responsible for the Sellers’ Services and/or Programmes.
2.5 1gamers.com provides its Services to Buyers free of charge. 1gamers.com may, however, charge Sellers a fee in relation to each Product after the payment of the Programme Price has been successfully completed.
2.6 1gamers.com does not promote one Seller over another to provide services or products to a Buyer. Although we do our best to verify the information of the Seller, conduct adequate assessments and use reasonable commercial efforts to ensure that Sellers are in possession of the licences and all government permits to provide their Services, we do not assume any responsibility, nor do we offer any guarantee or declaration regarding the licences, abilities, competence, compliance or qualifications of any Seller.
2.7 Although 1gamers.com requires Sellers to provide accurate information about themselves and their Programmes, we do not confirm and are not responsible for the alleged identity of the Seller or for the details of any Programme. Buyers acknowledge and agree to independently research and evaluate the Programmes and the Sellers.
2.8 From time to time, promotions such as sales and free gifts may be offered through the Online Shop. Any such promotion may be modified or discontinued by 1gamers.com at any time without notice.
2.9 The Online Shop may not be available in your country and 1gamers.com may modify, suspend or discontinue the operation of the Online Shop, in whole or in part, at any time and without notice.
3. Changes to the Terms and Conditions
3.1 The User accepts that 1gamers.com may modify this Agreement over time, at 1gamers.com’s sole discretion. Although we will do our best to notify the User of any changes to this Agreement, we will not be obliged to provide prior notification of any changes or modifications made to it.
3.2 Following any amendment or change to this Agreement, we will publish the amended Agreement on the dedicated link available on our Online Shop. Continued use of the Online Shop and/or the Service after the date of publication of a revised version of this Agreement implies acceptance of its terms by the User.
3.3 You agree to and should review our Terms and Conditions each time you visit our Online Shop and/or before you use any Services. If you do not agree to our Terms and Conditions as amended from time to time, you should stop using our Online Shop and/or our Services immediately.
4. Eligibility, Account Registration and Security Checks
4.1 To use our Services, you need to create a personal Account, using your name and email address. Users can also create an Account using their existing Google and Facebook accounts. Each Account must have a unique username and password.
4.2 Each User is responsible for keeping his/her Account secure, for all activities that are carried out through the Account and for any other action connected to the Account. The User agrees to provide accurate and complete information and to keep the Account information and the Account itself updated. The User must not share his/her password with non-affiliated third parties and agrees to immediately notify 1gamers.com of any unauthorised use of the Account or any other breach of security. The User is fully responsible for all uses of his/her password, Accounts and username, and registration, whether on his/her own behalf or on behalf of others. We are authorised to act on instructions received through use of the Account or registration, and we are not responsible for any loss or damage arising from the User’s failure to comply with this clause.
4.3 The User’s Account, including any information belonging to it (e.g. contact information, billing information, CD Code details, Account history, etc.), is strictly personal to the User. The User must therefore not sell, nor grant third parties the right to use his/her Account or otherwise transfer his/her Account, unless expressly permitted by this Agreement.
4.4 By creating an Account or using the Online Shop, the User authorises us to contact him/her regarding his/her interest in our Services, by email, telephone or by any other means of contact he/she has chosen to provide. Users who do not wish to receive our offers can notify us at any time by one of the contact methods listed in the Contact Us section of the Online Shop.
4.5 All Purchasers must verify their telephone number, using our automated verification system, to access the Programmes purchased. Any information provided in relation to this process will be subject to our Privacy Policy. The numbers provided are used exclusively for identity verification and not for marketing purposes. We reserve the right to: request additional information from the Buyer, such as a copy of a valid document, to verify the Buyer’s identity; and to refuse or refund any order we consider fraudulent. The use of VPN, Proxy, VoIP number, or any other tool to hide the Buyer’s real location will result in delays, probably document verification and possibly cancellation of the associated order(s). The telephone number provided by the Buyer may be subject to geographic location checks to verify the authenticity of the order. All this location data will be kept for 24 hours, after which it will be deleted from the 1gamers.com records.
4.6 We reserve the right to suspend or cancel your Account at any time, including if any content or User data provided during registration or thereafter is inaccurate, untrue or misleading, or to reclaim any username created during use of the Services that violates this Agreement.
5. User Conduct and Restrictions
5.1 The User recognises, accepts and understands that all the Programmes on sale in our Online Shop are distributed electronically. There are no boxes or DVDs to be physically delivered. The User will receive an electronic CD Code, fully legitimate for the purchased Programme. The User understands that, following receipt of the CD Code, he/she must activate the Programme on a suitable platform, e.g. Steam, Origin, Uplay or others.
5.2 The unique 1gamers.com system allows for the instantaneous and automatic distribution of CD Codes. Once the Programme Price has been paid and the security checks have been passed, the CD Code will be available in the User’s Account and in the associated e-mail account. 1gamers.com is not responsible for any loss or damage resulting from the loss or theft of CD Codes or from the use of CD Codes without our consent.
5.3 When the User purchases a Programme through the Online Shop, he/she accepts, agrees and understands that he/she is purchasing a licence to use a Programme of the Seller (and/or its licensor) and that he/she does not acquire ownership of the Programme. For any Programme purchased through the Online Shop, the User receives a personal, limited, non-exclusive and non-transferable licence to use that Programme of the Seller and/or its licensors. Except for this licence, the Sellers and/or their licensors reserve all rights, interests and means of protection in relation to that Programme.
5.4 Some Programmes available on the Online Shop may have specific rules on how they can be used. For example, when the User purchases a Programme, the Programme may be subject to restrictions on downloading and/or using the Programme: (i) only in their country of residence; (ii) only with the Account with which it was purchased; (iii) only for a limited period or periods of time; (iv) only with certain compatible computer systems and/or devices; and/or (v) only with a certain number of compatible devices associated with the Account with which it was purchased.
5.5 Users agree not to share or transmit, for any reason, any Content that: (i) is illegal or promotes illegal activities; (ii) defames, harasses, abuses, threatens or incites violence towards any individual or group; (iii) is political, anti-national, anti-government, pornographic, discriminatory, or otherwise persecutes or threatens an individual or group on the basis of religion, sex, sexual orientation, race, ethnicity, age or disability; (iv) is spam, constitutes unsolicited or unauthorised advertising, or any other form of unauthorised communication; (v) contains or installs viruses, worms, malware, trojans, or other content designed or intended to interrupt, damage or limit the functioning of the Online Shop or any software, hardware or telecommunications equipment, or to damage or obtain unauthorised access to data or other information of 1gamers.com and/or third parties; (vi) violates any property right of 1gamers. com and/or third parties, including patents, registered trademarks, trade secrets, copyrights, image rights or other rights; (vii) impersonate any individual or entity, including our employees, representatives or any user; or (viii) violate the privacy of 1gamers.com and/or third parties.
5.6 Users must not use the Programs, Content and Services for any purpose other than that permitted by this Agreement (and/or the Vendor Agreement). Unless otherwise specified in this Agreement (and/or the Vendor Agreement), the User may not, in whole or in part, copy, photocopy, reproduce, publish, distribute, translate, decode, attempt to discover the source code, modify, disassemble, decompile, create derivative works or remove any index or proprietary label from the Program or any software accessed through the Online Shop, without the prior written authorisation of the respective Seller.
5.7 The User has the right to use the Programs for his/her own personal use but is not authorised to: (i) sell, grant a right of guarantee or transfer reproductions of the Programs to third parties in any way, nor to rent, hire out or license the Programs to third parties, without the prior written authorisation of the Vendors, except and only to the extent expressly permitted elsewhere in this Agreement (and/or the Vendor Agreement); or (ii) exploit the Programs or any portion thereof for any commercial purpose, except and only to the extent expressly permitted elsewhere in this Agreement (and/or the Vendor Agreement).
5.8 We have the right to, at our sole discretion, determine whether or not any conduct by the User is appropriate and complies with these Terms and Conditions. The User agrees that we have the right to terminate or deny access to (and use of) any Account and/or Service for any reason, with or without notice.
6. Programs
6.1 Following payment for a Programme, the User may download and access a copy of that Programme, as the case may be, for personal use. It is the Buyer’s responsibility to ensure, prior to purchasing a Programme, that his or her device meets all minimum system requirements for using the Programme, including any requirements available on the Programme detail pages of the Online Shop. Some Programmes require a licence code to be entered, as the case may be, in order to be installed or activated.
6.2 The Purchaser is responsible for any internet or other connection charges they may incur to download, access and use the Online Shop and any Programmes, including free trial versions.
6.3 The free trial and other limited versions of the Programmes may be offered to allow you to preview the Programme before purchasing it. These versions may have limited functionality, may reduce the permitted usage time and may contain other limitations. We may revoke access to the free Programmes or trial subscriptions at any time and without notice.
6.4 Some Programs are available for download to your computer or other local devices, while others are hosted on external servers and are available for use on the internet via user software or web links. When using such Programs or any additional Code, you may need to create an account with the relevant Vendor or third party (such as your gaming platform provider) and link this to your 1gamers.com Account. Any information you provide to the Seller or third party will be subject to the Seller’s or third party’s terms and conditions and not to the terms and conditions or Privacy Policy of 1gamers.com.
6.5 The Seller platforms are hosted and made available by the respective sellers or third parties. We do not guarantee that the Seller platform will be available or that it will remain available to the User, and we are not responsible for any downtime of a Seller platform.
6.6 Additional Codes are subject to any use, access and other restrictions described on the details page of the Additional Programme on the Online Shop or otherwise provided in this Agreement. Some Additional Codes are consumable, such as virtual coins, and can only be downloaded once and used on one device. If the User purchases an additional Programme, which is a subscription, or starts a free trial for such a subscription, unless the User specifies in the subscription settings not to renew it automatically, we may automatically continue it at its normal price, using a payment method that we have stored for that User.
6.7 Once a Programme has been purchased and after we, or the Seller, make it available to the User, the latter is responsible for downloading (if applicable) and proceeding with the correct access to the Programme, including the retrieval of the licence code for the Programme, if applicable; the User also assumes all risks connected to any subsequent losses, including any loss caused by a malfunction of the computer or hard disk. If you are unable to complete a download or cannot access a Programme, please contact 1gamers.com customer service at support@1gamers.com for assistance.
6.8 There may be age limits and ratings for Programmes provided to us by Sellers or third parties. Although we require Vendors to provide us with accurate information regarding the content of their Programmes, we cannot guarantee that the Programme ratings are accurate or that the Programmes do not include offensive, obscene or objectionable content. We assume no responsibility for the contents of a Programme that you may find offensive, obscene or objectionable.
7. User Content
7.1 We are not responsible for any display or misuse of User Content. The User is solely responsible for the content and any damage resulting from any User Content sent, posted, uploaded, linked or otherwise made available on the Online Shop while using the Service. The User recognises that any responsibility, loss or damage resulting from User Content is attributable exclusively to the User. The User also accepts and undertakes to indemnify and hold us (and any third parties) harmless from any responsibility, loss or damage that may result from such User Content.
7.2 Over time, Buyers may post reviews about Sellers and/or Programmes; these reviews do not constitute a guarantee, warranty or prediction regarding the performance of any future Seller Service and/or Programme. 1gamers.com shall be under no obligation to display such reviews and may remove them at any time, at its sole discretion. 1gamers.com is in no way responsible for any reviews found on the Online Shop, and any use or reliance on such reviews is at the User’s sole risk.
7.3 All Content posted on the Online Shop, such as blog posts or reviews, is for informational purposes only, with no guarantee as to the truthfulness, correctness or accuracy thereof.
7.4 The User declares and guarantees that he has the right to post all the User Content he sends. In particular, the User guarantees to act in full compliance with any third party licence in relation to the User Content (if applicable), and to have taken all necessary measures to transfer any required terms to end users.
7.5 The User accepts and recognises that 1gamers.com has the right, at its sole discretion, to view and monitor any User Content, and to determine whether or not such User Content is appropriate and complies with these Terms and Conditions, or to refuse and remove any User Content that, at the reasonable discretion of 1gamers. com, violates 1gamers.com policy or is otherwise harmful, inappropriate or objectionable. You also agree that 1gamers.com has the right to format, edit and make further modifications to User Content or the way any User Content is displayed on the Online Shop.
7.6 Except for Content coming from 1gamers.com, we do not claim ownership of any Content posted, uploaded or linked to. The User retains ownership, control and responsibility for the User Content he or she posts. By posting any Content, including but not limited to photos, videos, recordings, company logos and reviews, on the Online Shop, the User expressly grants 1gamers. com and our successors a worldwide, transferable, fully paid and royalty-free, non-exclusive licence to use, reproduce, display, modify, adapt and distribute the Content in connection with 1gamers.com’s marketing and commercial purposes.
8. Payments
8.1 Buyers undertake to pay 1gamers.com the Price of the Programme as specified in the Order Confirmation. Buyers are responsible for providing valid payment methods, including but not limited to MasterCard, Maestro, Visa, American Express, Diners Club, Discover, PayPal, Sofort, Skrill, Alipay, Apple Pay, Giropay, Neteller, Bitcoin, iDEAL, etc.
8.2 An online payment may be subject to the Seller’s Terms and Conditions, in addition to those of this Agreement. The User agrees to review such Seller’s terms and conditions prior to making any payments on 1gamers.com, and any online payment made by a Buyer shall be deemed evidence of the Buyer’s acceptance of such Seller’s terms and conditions and related privacy policy.
8.3 The Buyer accepts and recognises that the Price of the Programme (or part of it) is non-refundable.
8.4 After a Buyer has successfully made a payment to 1gamers.com, 1gamers.com shall send confirmation of the amount received. The Seller shall issue an invoice for this transaction to 1gamers.com. Following the request for and receipt of this invoice from the Seller, 1gamers.com shall send an invoice to the Buyer.
8.5 The Buyer accepts and recognises that 1gamers.com has the right to delay or refuse the purchase of any Programme for any reason. Restrictions may apply to the quantity and number of Programmes that can be purchased through the Online Shop.
8.6 We offer refunds on a discretionary basis and each refund request is handled individually. We do our best to issue a refund if possible, but please note that games that have been used or codes that have been redeemed cannot be refunded. Refund requests must be sent within 7 days of the key being delivered by the Seller to the Buyer or Customer.
8.7 If a purchase was made using cryptocurrencies and exceeds 90 days or was made using other available payment methods (PayPal, Checkout, Apple Pay, Google Pay, etc.) and exceeds 120 days, we will not be able to refund it to the original payment method, in accordance with the payment processor’s abilities. We may be able to refund the value in gift cards. This is only if the other terms and conditions are met, and if the refund is accepted.
8.8 The buyer declares that they are of an age appropriate for the game and its content, and that they have the authorisation of the card (or payment method) holder to make the purchase.
If you are not satisfied with your purchase for any reason, please contact us by opening a support ticket on support.1gamers.com.
9. Pre-orders
9.1 The Purchaser can pre-order the Programmes through the Online Shop. The Purchaser accepts and understands that payment for pre-ordering the Programmes must be made on the day of the order, but the Programme will be sent to the Purchaser on the day indicated on the Online Shop.
9.2 Although 1gamers.com will make every effort to deliver the Pre-Ordered Programme CD-Keys before the official release date indicated on the Online Shop, 1gamers.com does not guarantee that the Pre-Ordered Programme CD-Keys will be sent before the official release date. 1gamers.com is not responsible for the delay and/or non-delivery of any pre-ordered Programme. 1gamers.com can only guarantee delivery of the CD Codes it receives from the Sellers.
9.3 The Buyer acknowledges that the price of the pre-ordered Programme may vary over time. The Buyer also acknowledges that the sale of the pre-ordered Programme may be revoked for any reason and, in this case, the Programme Price paid for the pre-ordered Programme will be refunded by the Seller.
9.4 Where a purchase has been made using cryptocurrencies and exceeds 90 days or has been made using other available payment methods (PayPal, Checkout, Apple Pay, Google Pay, etc.) and exceeds 120 days, we will not be able to refund it to the original payment method, in accordance with the payment processor’s abilities. We may be able to refund the value in gift cards. This is only if the other terms and conditions are met, and if the refund is accepted.’
9.5 If possible, 1gamers.com will try to ensure that any pre-order bonus content is included with the product if it is mentioned on the product description page. However, there may be occasions where bonus content is only available while stocks last, and therefore it is not always guaranteed. Customers placing pre-orders are advised to regularly check their order pages to ensure they receive the bonus content as soon as keys become available.
10. Third-party content
10.1 As part of the Service, 1gamers.com may provide you with links to third party platform(s), as well as other forms of third party Content. These links are provided as a courtesy, but we do not control third party platforms or any content, promotions, materials, information, goods or services on them. We are not responsible for any third-party Content accessed through our Online Shop. If the User decides to leave the Online Shop and access third-party Content, he does so at his own risk and should be aware that our Terms and Conditions and our other policies no longer apply.
10.2 For the avoidance of doubt, this Agreement does not authorise the User to distribute, publicly display or represent, make available, alter, or otherwise use any Third-Party Content.
11. Intellectual property
11.1 1gamers.com remains the owner of all intellectual property rights related to 1gamers.com, the Online Shop and the Service, of any kind, including copyright, patents, registered trademarks and other applicable property rights. Other trademarks, service marks, graphics, and logos used in connection with the Online Shop and the Service may be the trademarks of other third parties. This Agreement does not transfer from us to you any 1gamers.com or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with us. We reserve all rights not expressly granted to you under this Agreement.
11.2 Specifically, 1gamers.com, www.1gamers.com, and all trademarks appearing, displayed, or used on the Online Shop over time or as part of the Service are registered trademarks of 1gamers. com; and may not be copied, downloaded, reproduced, used, modified or distributed in any way without 1gamers.com’s prior written permission.
11.3 If you believe that any material posted on or linked to by 1gamers.com infringes your copyright or other intellectual property rights, please notify us. We will terminate a User’s access to (and use of) the Online Shop if, under appropriate circumstances, the User is determined to be a repeat infringer of the copyrights or other intellectual property rights of 1gamers.com or others, without the requisite rights or permissions.
12. Email Communications
12.1 We use email and other electronic tools to keep in touch with our Users. You agree and understand that we may send you emails about future Services and/or updates about the Programmes. Users who do not wish to receive offers and updates can notify us at any time using one of the contact methods listed in the Contact Us section.
12.2 For contractual purposes, the User (i) agrees to receive communications from 1gamers.com in electronic form via the email address he/she has provided or the Online Shop; and (ii) accepts that all Terms and Conditions, agreements, notes, supplementary information and other communications that 1gamers.com provides him/her in electronic format, fulfil all the legal requirements that such communications would fulfil if they were written on paper or sent by traditional mail; and (iii) without prejudice to the clause. com provides to you in electronic form satisfy any legal requirement that such communications would satisfy if it were to be in writing on paper or sent by traditional mail; and (iii) without prejudice to clause 12.2(i) and 12.2(ii), you agree to comply with clause 16.5 for the purposes of notification.
13. Termination
13.1 If you want to terminate this Agreement, you simply must stop using 1gamers.com. If you want to delete your Account details, you can contact 1gamers.com at support@1gamers.com. We will retain and use your information to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, and we will delete your profile completely to the extent possible (if applicable).
13.2 The User’s rights under this Agreement will terminate automatically without notice or refund of any payment if they fail to comply with the terms of this Agreement.
13.3 All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
14. Disclaimer of Warranties
14.1 We make no warranty or representation that the information we provide, or that is provided through the Service, is accurate, reliable or correct; that the Service, the Programme or the Vendor’s Services will meet your requirements; that the Service will be available at any specific time or location; that the Service will be uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. The User assumes full responsibility and all risks of loss resulting from the use of information, Content or other material obtained from a Seller or from the Service.
14.2 The User is solely responsible for all his communications and interactions with other Users, if applicable, and with other persons with whom he communicates or interacts as a result of using our Services. The User understands that 1gamers.com is not required to verify or investigate the history of any Seller or Seller Service, nor is it required to attempt to verify the statements of Sellers.
14.3 1gamers.com makes no warranty, express or implied, with respect to Sellers and Programmes and disclaims any warranty to the fullest extent. 1gamers.com has no control over, and provides no warranty for: the existence, quality, safety or legality of any Seller Programme or Service; the truth or accuracy of any Programme information; the ability of the Seller to engage in the Seller Services; or that the Seller Service will be available at any time or location. 1gamers.com does not guarantee or warrant that any Seller Service offered through the Online Shop will meet the Buyer’s requirements. The User agrees to take reasonable precautions in all communications and interactions with other Users and other persons with whom he/she communicates or interacts as a result of using the Services.
15. Liability Waiver and Indemnity
15.1 The User agrees to indemnify and hold harmless 1gamers.com from and against any and all claims, demands, actions, losses, damages, assessments, accusations, third-party liabilities, costs and expenses that may result from: (i) the User’s use of the Online Shop and the Service or breach of this Agreement; or (ii) any injury, accident, health problem, physical or material damage, loss of profit, damage to property or commercial credibility, or otherwise that may result from the User’s use of any Service, Seller Service and/or in relation to a Programme; or (iii) errors, mistakes or inaccuracies in User Content, and/or in the information available on or through the Online Shop; or (iv) any bugs, viruses, trojans or similar, that could be transmitted by the User to or through the Online Shop; or (v) any dispute, conflict or disagreement between a Buyer and a Seller or any third party in relation to any Seller Service or Programme.
15.2 The User agrees, in the event of a dispute with another User, to hold 1gamers.com harmless from any and all claims, demands, and damages (actual and consequential) or losses of any kind and nature, arising from such disputes.
15.3 Buyers agree that 1gamers.com and each Seller, jointly and severally, have the power to bring and pursue legal action against any Buyer with reference to any claim, request, action, loss, damage, fine, accusation, liability, cost and expense that 1gamers. com, and/or a Seller, may suffer or incur, directly or indirectly, and which was caused by the Buyer as a result of the Buyer’s use of any Service and/or Programme.
15.4 The User agrees that under no circumstances will 1gamers.com be liable to the User or any third party for any damages or losses that may result from: (i) failures, interruptions or suspensions of any service to maintain access to the Online Shop or the Services, regardless of whether the service is provided by 1gamers. com or a third party; or (ii) the quality, accuracy, timeliness, reliability, security, performance of a Seller, the Seller Services, a Programme and/or the Online Shop, completeness or delays, breaches, omissions or interruptions in the provision of any Service, Programme or Seller Service; or (iii) errors, mistakes or inaccuracies in any Content, Programmes and/or Content and/or information from 1gamers.com available on or through the Online Shop; or (iv) any unauthorised access to or use of our servers and/or any and all personal information stored therein, and/or any interruption or termination of transmission to or from our servers, and/or any bugs, viruses, trojans or the like that may be transmitted to or through the Online Shop by any third party; or (v) any failure or delay in the execution of any transaction through the Online Shop and/or the Services; or (vi) any dispute, conflict or disagreement between a Seller and a Buyer or third parties in relation to any Service, Seller Service or Programme; or (vii) any reimbursement, loss of profit, loss of business credibility (whether caused directly or indirectly), injury, accident, physical or material damage, health problem, or otherwise that the User may suffer as a result of the use of any Seller Service and/or in relation to a Programme; or (viii) any violation of intellectual property that may result from the use of a Programme and/or the Seller Services.
16. Miscellaneous
16.1 Governing Law: This Agreement between you and 1gamers.com and any access to or use of the Online Shop and/or the Service are governed by the laws of the United Kingdom. Any dispute which may arise between a User and 1gamers.com relating to the implementation or interpretation of this Agreement shall be resolved amicably; failing this, the courts of the United Kingdom shall be the competent authority.
16.2 Severability: If any part of this Agreement is held to be invalid or unenforceable, that part of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. The failure of 1gamers.com to enforce any provision of this Agreement shall not be deemed a waiver of our right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
16.3 Assignment: 1gamers.com may assign or delegate its rights or obligations under these Terms and Conditions, and/or the 1gamers.com Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. However, the User may not assign or delegate his/her rights or obligations, under these Terms and Conditions or the Privacy Policy, without 1gamers.com’s prior written consent, and any unauthorised assignment and delegation by the User shall be deemed null and void.
16.4 Notices to Users: Reports, statements, notices and all other communications must be sent by 1gamers.com to Users via the email address specified by the User in their Account. All communications and notices shall be considered to have been duly served on a User when transmitted electronically by 1gamers.com to the e-mail address specified in the User’s account.
16.5 Notices to 1gamers.com: Reports, statements, notices and all other communications must be sent by a User to 1gamers.com to the e-mail address info@1gamers.com. All notices and communications shall be deemed received or served (as the case may be) by 1gamers.com when received by 1gamers.com electronically at info@1gamers.com.
16.6 Gender neutral: Wherever used herein and required by the context, the singular number shall include the plural, the plural number shall include the singular number, and the use of any gender shall include both genders, and the words ‘hereof,’ ‘herein,’ ‘hereunder,’ and the like shall refer to this Agreement as a whole and not to any particular provision or section.
The User acknowledges having read, understood and accepted to be bound by these Terms and Conditions.