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User Agreement View in a new window
PLAYER CHAIN INC APPLICATION SERVICE PROVIDER AGREEMENT IMPORTANT – READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PROCEEDING. BY CHECKING “I AGREE” AND CLICKING “SUBMIT”, YOU ACKNOWLEDGE THAT YOU ARE (I) AN INDIVIDUAL SEEKING TO USE PLAYER CHAIN SERVICES FOR YOUR INDIVIDUAL, PRIVATE, NON-COMMERCIAL BENEFIT ONLY; (II) AT LEAST 18 YEARS OF AGE; AND (III) DULY AUTHORIZED TO ENTER INTO THIS APPLICATION SERVICE PROVIDER AGREEMENT. YOU FURTHER ACKNOWLEDGE THAT YOU HAVE READ THIS APPLICATION SERVICE PROVIDER AGREEMENT, YOU UNDERSTAND IT, AND YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF AFTER READING THE TERMS AND CONDITIONS OF THIS APPLICATION SERVICE PROVIDER AGREEMENT YOU DO NOT CONSENT, YOU SHOULD EXIT THIS PAGE WITHOUT CHECKING “I AGREE” OR CLICKING “SUBMIT”, AND YOU SHOULD IMMEDIATELY STOP ALL USE OF ANY GOODS OR SERVICES PROVIDED BY PLAYER CHAIN INC 1. Player Chain Services. This Application Service Provider Agreement (“Agreement”) is entered into by and between you (“you”) and Player Chain Inc, a Texas corporation (“Player Chain”), as of the date upon which you accept this Agreement through the means identified above (the “Effective Date”). Player Chain agrees to provide you with access to Player Chain’s game trading software and updates, revisions and derivatives thereof, along with all text, logos, sounds, videos or graphic images therein (“Software”) through the Player Chain’s website www.PlayerChain.com, as may be offered from time to time (“Site”). In consideration thereof, you agree to the terms and conditions in this Agreement with regard to your use of the Software, the Site, or any other services that Player Chain may provide. 2. Description of the Software. 2.1. In General. The Software creates a forum for multiple Player Chain members that have paid the Player Chain membership fee or transaction fee (“Members”) wishing to purchase (as used herein, “Purchase”, “Purchases”, “Purchased” and “Purchasing” all refer to purchasing a game using a Credits, as defined herein) and sell (as used herein, “Sell”, “Sells”, “Sale”, “Sold” and “Selling” all refer to selling a game in exchange for Credits, as defined herein) used games. Games are valued for Sale using Player Chain trade Credits (“Credits”) rather than cash to establish a value for each game. Player Chain values every game depending on a plurality of factors, and Credits have no monetary value. Player Chain trade Credits can be used to Purchase other Games on the Player Chain web site but can not be redeemed for cash. Members can however, purchase trade Credits. 2.2. Sample Exchange. A Member wishing to Sell games (a “Selling Member”) uses the Software to list on the Site the games that the Selling Member has available for Sale. A Member wishing to Purchase a game or games (“Purchasing Member”) uses the Software to make known to other Members the games that the Purchasing Member wishes to Purchase. If the Purchasing Member seeks to Purchase the same game title that the Selling Member wishes to sell, the Software helps connect the Selling Member with the Purchasing Member. In the event that the Selling Member agrees to sell a game to the Purchasing Member and ship such game to the Purchasing Member, and the Purchasing Member agrees to Purchase and accept delivery of that game from the Selling Member, the parties use the Software to affirmatively confirm (“Confirm”, or “Confirmation”) such agreement. Upon confirmation, Player Chain credits the Selling Member’s Account with the amount of Credits owed to the Selling Member, and debits the Purchasing Member’s account of the same amount of Credits. Upon Confirmation, a Selling Member has 72 hours to ship such game (“Shipping Window”), at the Selling Member’s sole expense. The Selling Member then ships the game to the Purchasing Member free on board the Selling Member’s point of shipment and FOB shipping. Once the Selling Member deposits a game with a shipping carrier, all right, title and interest in such game passes to the Purchasing Member. 2.3. Temporary Restricted Membership. Player Chain allows individuals that have agreed to this Agreement to become temporary restricted members (“Temporary Restricted Members”) of Player Chain free of charge. During the Temporary Restricted Membership, a Temporary Restricted Member may use the Software to view lists of available games and to browse the Site. Temporary Members may not use the Software to consummate transactions with Members. In the event that a Temporary Member requests a game from a Selling Member, that Temporary Member must become a Member prior to consummating any Purchase transaction with a Member. To become a Member the Temporary Restricted Member must purchase transaction credits or subscription. Player Chain reserves the right to cancel a membership of a Temporary Restricted Member if the Member is not using Player Chain's service. This decision is at the sole discretion of the Player Chain.com's staff. A TEMPORARY RESTRICTED MEMBER HAS NO OBLIGATION TO PAY PLAYER CHAIN ANY FEES OF ANY KIND. 3. IDs and Passwords. Player Chain shall provide you with such user IDs and passwords as may be necessary for you to access the Software. You agree that all such user IDs and passwords are the confidential information of Player Chain and shall be maintained in strict confidence, and not disclosed to third parties without Player Chain’s prior written authorization. You are authorized to use the user IDs and passwords only for accessing the Software for the Licensed Use (as defined herein) and for no other purpose. You, at your own expense, shall obtain, maintain and operate suitable and fully compatible computer equipment, communication devices, printers and related equipment, consumable items and software, including Internet connections, required to access and use the Software. You shall assume full responsibility including expenses for remote connectivity necessary for the transmission of data and to access and use the Software. 4. Grant of License; Use; Ownership; Use Restrictions and Monitoring. 4.1. Grant of License. Subject to the terms and conditions of this Agreement and any other agreements between the parties, Player Chain grants to you a non-exclusive, non-transferable, revocable license (“License”) to the access and utilization of the Software. 4.2. Use. You may access the Software to make those uses outlined in Section 2 above only (“Licensed Use”). This Agreement does not convey to you any other interest in or right to the Software. No form of remote access to Player Chain’s computer system is permitted, other than as specified herein, and as authorized by Player Chain from time to time in connection with the Licensed Use. You will have no right under this Agreement, whether or not Player Chain is in breach of this or any other agreement, to receive the source code for the Software. 4.3 Fraud. User agrees not to commit fraud using the Site or Services. Creating “duplicate” accounts for use by one individual is strictly forbidden. Multiple accounts that are determined to be created for the use of one individual will be immediately terminated and the user of those said accounts will be suspended from using PlayerChain.com's service indefinitely. Decisions to review and suspend multiple accounts are determined by the sole discretion of the PlayerChain.com staff. Other examples of fraud include, but are not limited to, committing to send a GAME but not actually sending it, claiming a GAME was never received when in fact it was, claiming a GAME is lost, broken, incorrect, scratched or otherwise problematic when it is not, etc. In the event that Player Chain Inc believes you have committed one or more of these acts, Player Chain Inc reserves the right to suspend or terminate your account and right of use of our software. 4.4 Games. Users may not illegally copy games. A User's access to the Site or Services may be immediately terminated in the event the User uses the Site or Services for illegal purposes or makes unlawful copies of Games or unlawfully distributes Games. As a User, you acknowledge and agree that you have valid title and ownership rights to any Games that you make available on the Site or Service. You are aware that not all Games are available on the Site or via the Services and Company cannot, and do not, guarantee any User will receive any GAME or the order in which a User will receive the Games they have requested. 4.5. Ownership. You agree that the Software, the Site, and any other software or materials developed for the Licensed Use (collectively, “Intellectual Property”) are proprietary to Player Chain, and are protected by copyright, trademark, trade secret, and other laws; and that the Intellectual Property is the property of Player Chain and/or third party licensors and all rights, title and interest in and to the Intellectual Property, including without limitation all copies, improvements, enhancements, modifications and derivative works of or based on the Intellectual Property, shall remain with Player Chain and/or such third party licensors. 4.6. Use Restrictions. You agree not to (i) access, copy, modify, rent, lease, sub-license, distribute, disclose, time-share or use the Software, or any portion thereof, except as expressly provided in this Agreement; (ii) decompile, reverse engineer, disassemble, attempt to disassemble, or otherwise reduce the Software to source code or any other human-perceivable form; (iii) tamper with, bypass, or alter any security feature of the Software, or of Player Chain’s computer system; (iv) encumber or otherwise transfer or attempt to transfer the License to a party not authorized by Player Chain; (v) violate the terms and conditions of this Agreement, the Terms of Use, the Privacy Policy or the Disclaimer; or (vi) use the Software to transmit any false, inaccurate, unlawful, harmful, threatening, abusive, harassing, unwanted, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law or standard or ethical practice in the industry, or cause, permit or enable others to do so (collectively, “Prohibited Conduct”). The determination of a breach of this section shall be made in Player Chain’s sole and subjective discretion. 4.7. Use Monitoring. Notwithstanding anything in this Agreement to the contrary, Player Chain is not obligated to monitor your or any other user’s use of the Software, including any communications transmitted through the Software; such responsibility rests solely with you, and you indemnify and hold Player Chain harmless from any against any harm or liability, including attorneys’ fees, arising out of any such act or omission by you. Player Chain reserves the right, at any time, to monitor, review, retain, edit, delete and/or disclose any transmitted information as it determines necessary, in its sole judgment. Player Chain reserves the right to monitor your use of the Software and to restrict or terminate your use of the Software in the event Player Chain in its sole judgment suspects or determines that (i) your use of the Software exceeds the use that would be expected from a single Member or Temporary Member; (ii) you control or use more that one account on PlayerChain.com; (iii) you use this Site or Service for illegal purposes or make unlawful copies of Games or unlawfully distribute Games; or (iv) you are otherwise violating the terms and conditions of this Agreement, the Terms of Use, the Privacy Policy or the Disclaimer. Player Chain reserves the right to create Player Chain-controlled Member, Temporary Member, or Affiliate Entity accounts for any purposes that Player Chain in its sole judgment desires, including without limitation to monitor use or performance of the Software or to purchase or sell games. 5. Fees. This Section 5 applies to Members only. 5.1. Membership Fees. You shall prepay Player Chain a membership fee (“Fee”), which is currently $9.99 per three (3) months, $17.99 per six (6) months, and $24.99 per twelve (12) months in exchange for access to the Software through the Site. Player Chain reserves the right to change the Fee at any time without notice, effective immediately upon those Contract Periods for which a Fee has not been paid as of the date of the Fee change. 5.2 Per Transaction Fees. You shall prepay Player Chain a per transaction fee (“Fee”), which is currently $4.99 per two (2) Request Credits, $7.99 per four (4) Request Credits, and $11.99 per six (6) Request Credits in exchange for access to trade a game through the Site. 5.3. Shipping Fees. You are responsible for paying all mailing and other shipping fees on any games that you send in conjunction with your use of the Software or any other Intellectual Property. 5.4. Taxes. You shall be solely responsible for the payment of any taxes, levies, assessments or similar charges including, without limitation, any sales, use, excise or other ad valorem taxes (collectively, “Taxes”) that may be due based on your sale of games through your use of the Software, except for those Taxes based upon Player Chain’s income. 6. Changes to This Agreement. Player Chain may publish revisions, amendments or other changes (collectively, “Changes”) to this Agreement from time to time and will provide the Changes to you by means of written notice (including via email), publication on-line in connection with the Software and/or such other reasonable means that Player Chain shall determine. Notwithstanding any other provisions of this Agreement, your continued access of the Software after written notice, publication on-line in connection with the Software and/or such other reasonable means that Player Chain shall determine, shall serve as your agreement to abide by the Changes as if they were fully set forth herein. The Changes shall be deemed to be incorporated into this Agreement by this reference and you expressly agree and warrant that access to and all usage of the Software shall be in compliance with the Changes. 7. Your Representations and Warranties; Indemnification. 7.1. Your Actions. You represent and warrant that you will be solely responsible for all of your acts, as well as all acts under your control or allowance, including without limitation all: (i) representations as to the title, UPC code, description and condition of games; (ii) representations that games will be shipped or have been shipped; (iii) representations as to shipping and shipping confirmation for games; and (iv) all communications with other Members, Temporary Restricted Members and with Player Chain. You agree and acknowledge that Player Chain is not responsible or liable to anyone, including without limitation you, any Member, Temporary Member or potential user of the Software or any other party that may benefit directly or indirectly from your use of the Software, for your breach or anticipated breach of this Agreement. 7.2. Your Representations and Warranties. You further represent and warrant that you shall: (i) not engage in any Prohibited Conduct; (ii) have all right, title and interest to dispose of any games that you offer for Sale, Sell or ship to Members or Temporary Restricted Members, and that such offering for Sale, Selling and shipment does not violate any applicable laws or regulations; (iii) understand that you are aware that not all games are available on the Site or via the Services and Player Chain cannot, and does not, guarantee any user will receive any game or the order in which a user will receive the games they have requested; (iv) have the full power and authority under all laws and regulations to transmit and receive any and all information that you may transmit and receive using the Software; (v) not, at any time, employ deceptive, misleading or unethical practices that are or might be, in Player Chain’s sole judgment, detrimental to Player Chain or other Software users, including without limitation making false, misleading or deceptive representations with regard to any games you may offer for sale, sell or receive using the Software; (vi) not infringe upon or cause the infringement of, or otherwise violate, the rights of any third party, including without limitation, any intellectual property, contractual or fiduciary rights; and (vii) only use Player Chain’s Services for your individual, private, non-commercial benefit only. 7.3. Your Indemnification of Player Chain. YOU WILL INDEMNIFY, DEFEND AND HOLD PLAYER CHAIN AND ITS EMPLOYEES, DIRECTORS, OFFICERS, MEMBERS, AGENTS AND SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, SUITS, COSTS, DAMAGES AND DISPUTES, INCLUDING ATTORNEYS FEES, ARISING FROM OR IN CONNECTION WITH (I) YOUR BREACH OF THIS AGREEMENT; (II) THE PROVISION OF OR CONTENT OF ANY INFORMATION THAT YOU PROVIDE TO PLAYER CHAIN OR ANY OTHER USER OF THE SOFTWARE; (III) YOUR USE OF ANY INFORMATION PROVIDED TO YOU BY PLAYER CHAIN; OR (IV) YOUR USE OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY CLAIMS PERTAINING TO YOUR USE OF THE SOFTWARE. 8. Player Chain’s Limited Warranty; Disclaimer; Limitation of Liability; Indemnification. 8.1. Limited Warranty. Player Chain shall use reasonable commercial efforts to maintain the availability of the Software during the term of this Agreement, except for scheduled downtime, but does not guarantee any specific level of availability. 8.2. Warranty Disclaimer. WITH THE SOLE EXCEPTION OF THE LIMITED WARRANTY PROVIDED IN THIS SECTION, THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES (I) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) OF INFORMATIONAL CONTENT OR ACCURACY; (III) OF NON-INFRINGEMENT; (IV) OF QUIET ENJOYMENT; (V) OF TITLE; (VI) THAT THE SOFTWARE, ALONG WITH ANY THIRD-PARTY HARDWARE OR SOFTWARE USED IN CONJUNCTION WITH THE SOFTWARE, WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION; (VII) THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED; OR (VIII) THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM. EFFORTS BY PLAYER CHAIN TO MODIFY THE SOFTWARE SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS. 8.3. Limitation of Liability. YOU ACKNOWLEDGE THAT THE OBLIGATIONS AND LIABILITIES OF THE INDEMNIFIED PARTIES WITH RESPECT TO THE SOFTWARE ARE SOLELY AS PROVIDED IN THIS AGREEMENT, AND THAT YOUR USE OF THE SOFTWARE IS AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR THE CONSEQUENCES OF ANY USE OF THE SOFTWARE, WHETHER OR NOT SUCH USE WAS CONSISTENT WITH THE USE LICENSE GRANTED HEREUNDER. YOU HEREBY RELEASE THE INDEMNIFIED PARTIES FROM ANY AND ALL LIABILITY OF ANY KIND WHATSOEVER ARISING OUT OF YOUR USE OF OR INABILITY TO ACCESS THE SOFTWARE, INCLUDING WITHOUT LIMITATION ANY LIABILITY RELATING TO (I) YOUR RECEIPT OR FAILURE TO RECEIVE GAMES THAT WERE TO BE SHIPPED TO YOU BY OTHER MEMBERS; (II) THE WRONG GAMES BEING SHIPPED TO YOU BY OTHER MEMBERS; (III) YOUR RECEIPT OF GAMES THAT FAIL TO MATCH THE CONDITIONS STATED BY OTHER MEMBERS, THE DETERMINATION OF WHICH YOU ACKNOWLEDGE IS SUBJECTIVE; (IV) YOUR DISAGREEMENT WITH THE CREDIT VALUE ASSIGNED BY PLAYER CHAIN OR THE SELLING MEMBER TO ANY GAME; (V) THE LOSS OR DAMAGE IN SHIPMENT OF GAMES THAT WERE SHIPPED TO YOU BY OTHER MEMBERS; (VI) ANY FEEDBACK PROVIDED TO YOU BY PLAYER CHAIN OR BY OTHER MEMBERS; (VII) THE AUTOMATIC RENEWAL OF YOUR MEMBERSHIP WITH PLAYER CHAIN; (VIII) YOUR PURCHASE OF THE WRONG BOOK; (IX) THE AVAILABILITY OR UNAVAILABILITY OF ANY BOOK THAT YOU SEEK TO PURCHASE; (X) FRAUDULENT ACTS AND/OR TRANSMISSIONS BY OTHER MEMBERS; AND (XI) THE CONTENT OF ANY GAMES, WHICH YOU MAY FIND OFFENSIVE AND/OR INAPPROPRIATE, OVER WHICH YOU ACKNOWLEDGE THAT PLAYER CHAIN HAS NO CONTROL. THE INDEMNIFIED PARTIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT, STATUTE, REGULATION, COMMON LAW PRECEDENT OR DOCTRINE, OR OTHERWISE, EVEN IF THE INDEMNIFIED PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS NEGLIGENT. IN ANY EVENT, THE INDEMNIFIED PARTIES’ LIABILITY UNDER THIS AGREEMENT OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF ANY FEES PAID BY YOU TO PLAYER CHAIN FOR USE OF THE SOFTWARE OVER THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE OCCURRENCE OF THE EVENT CAUSING SUCH LIABILITY. In jurisdictions that prohibit the exclusion or limitation of liability for consequential or incidental damages, the Indemnified Parties’ liability is limited to the greatest extent permitted by law. 9. Term and Termination. 9.1. Term. This Agreement shall commence upon the Effective Date and shall continue for the duration of your participation and use of PlayerChain.com unless earlier terminated (“Initial Term”). The Initial Term together with all Renewal Terms (if any) shall each be referred to herein as a “Contract Period” and collectively, the “Term”. 9.2. Termination. This Agreement may be terminated at any time by either party. In the event you elect to terminate this Agreement, you shall not be entitled to a prorated refund for the remainder, if any, of the then-current term unless the refund is in direct correlation to our 100% money back guarantee. If your account has been terminated due to fraudulent activity, you will not be eligible for the 100% money back guarantee. IN THE EVENT THAT THIS AGREEMENT IS TERMINATED FOR ANY REASON WHETHER BY YOU OR A STAFF MEMBER OF PLAYER CHAIN INC, YOU UNDERSTAND THAT YOU WILL FOR FIT RIGHTS TO USE ALL REQUESTS CREDITS AND GAME BUCKS ASSOCIATED WITH YOUR ACCOUNT. YOU ALSO UNDERSTAND THAT IN THE EVENT THAT PLAYER CHAIN INC TERMINATES YOUR ACCOUNT DUE TO FRAUDULENT ACTIVITY, YOU WILL NOT BE ELIGIBLE FOR A REFUND. 9.3. Post-Termination. Upon the termination or expiration of this Agreement for any reason, Player Chain’s provision of the Software, and your access to and use of the Software, shall automatically cease, and Player Chain may disable any and all user IDs and passwords provided to you. Termination or expiration will not affect any rights, obligations or liabilities that arose prior to such termination or expiration. 10. General. 10.1. Assignment. You may not assign this Agreement without the prior written consent of Player Chain. Subject to the foregoing/ this Agreement shall be binding upon and inure to the benefit of the parties/ their successors and permitted assigns. 10.2. Viewing Outside the United States. Player Chain makes no claims that the Services may be lawfully viewed or accessed outside the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside of the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction. 10.3. Amendment. This Agreement may not be amended or modified except by Player Chain in accordance with this Agreement. If any provision of this License Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability (i) of such provision under other circumstances, or (ii) of the remaining provisions hereof under all circumstances. 10.4. No Agency. Nothing in this Agreement shall be deemed to establish an agency, partnership, joint venture, association or employment relationship between you and Player Chain. 10.5. Waiver. Notwithstanding any course of dealing or the failure to strictly enforce this Agreement, no term, right or condition hereof shall be deemed waived and no breach excused, unless such waiver and consent shall be in writing and signed by Player Chain. No waiver of any breach shall constitute a waiver of any other breach. 10.6. All references to currency and/or cash in this agreement are to United States dollars. 10.7. Survival. Sections 4.3, 4.4, 5, 7, 8 and 10 shall survive termination of this Agreement. 10.8. Jurisdiction and Venue. THIS AGREEMENT IS ENTERED INTO AND GRANTED IN THE STATE OF TEXAS AND SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, EXCLUDING ANY LAW OR CONFLICT OF LAW PRINCIPLE THAT WOULD APPLY THE LAW OF ANOTHER JURISDICTION. EXCLUSIVE JURISDICTION FOR ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE ONLY IN THE FEDERAL OR STATE COURT WITH COMPETENT JURISDICTION LOCATED IN DALLAS, TEXAS. USER CONSENTS TO THE EXERCISE OF PERSONAL JURISDICTION BY SUCH COURTS IN ANY SUCH ACTION. BY ACCESSING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF THIS LICENSE AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. BY CHECKING “I AGREE” AND CLICKING “SUBMIT”, YOU ACKNOWLEDGE THAT YOU ARE DULY AUTHORIZED TO ENTER INTO THIS LICENSE AGREEMENT.
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