The purpose and intent of this website is to provide information on products available for purchase and download through the website and to allow authorized users with a valid GamersGate account to purchase and download such products.
3. Using GamersGate
You must have Internet access and the updated latest web browser to access and use the website. You may not use a proxy server, VPN or other tools to access GamersGate from an alternative region.
GamersGate reserves the right to add, modify, or delete any information on the Website at any time. GamersGate makes no representation or warranty as to the completeness or accuracy of the information contained on the Website, nor does it represent or warrant that the products or services offered or advertised on the Website will be available at all times. The information contained on the Website may be incomplete, may contain errors, or become out of date at any time. GamersGate makes no commitment and expressly disclaims any duty to update any of the content on the Website.
5. GamersGate Registration
You agree to fully pay for all products ordered through your account. You are responsible for providing GamersGate with a valid credit card number or other provided payment option to secure payment. GamersGate reserves the right to cancel any order if the credit card number or other payment details you provide are not valid.
GamersGate reserves the right to change the price and availability of any products at any time without notice; provided, however, such price change will not affect your purchase price for orders that GamersGate has already received from you and processed.
8. Delivery of Products
GamersGate shall endeavor to deliver properly ordered products to you within a reasonable amount of time. However, on occasion, technical problems and/or a manual review of the order may delay or prevent delivery of the ordered product. Your sole remedy with respect to a product that is not delivered within a reasonable amount of time is to either receive a replacement of such product, or a refund of the purchase price paid for such product, as determined by GamersGate in its sole discretion.
9. Restrictions on Use
10. Links to Other Websites
The Website may contain links to other websites. GamersGate does not review or evaluate all of the websites linked to the Website and is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content on these websites, nor is it responsible for the advertising, products, or other materials that appear on or are offered by such websites. You should carefully review the respective conditions of use for each of these websites. Under no circumstances shall GamersGate be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by your use of or reliance on any content, goods, or services available on such websites.
Your use of the Website constitutes your agreement to defend, indemnify, and hold harmless GamersGate, its parents and affiliates, and their respective employees, contractors, officers, and directors, from and against any actions, claims, demands, liability and expenses, including reasonable attorneys’ fees, arising out of your use or misuse of the Website or the use or misuse of the Website by a third party using your account.
13. Disclaimers and Limitations on Liability
THE GAMERSGATE.COM WEBSITE IS PROVIDED BY GAMERSGATE AB ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GAMERSGATE AB DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, GAMERSGATE AB MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE GAMERSGATE.COM WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE GAMERSGATE.COM WEBSITE WILL BE CONTINUOUS, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR PRODUCTS PROVIDED THROUGH THE GAMERSGATE.COM WEBSITE; OR (IV) THAT THE GAMERSGATE.COM WEBSITE, PRODUCTS DOWNLOADED FROM THE GAMERSGATE.COM WEBSITE, GAMERSGATE’S SERVERS, OR E-MAILS SENT FROM OR ON BEHALF OF GAMERSGATE, ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS.
THE OPERATION OF THE GAMERSGATE.COM WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF GAMERSGATE AB, AND UNDER NO CIRCUMSTANCES SHALL GAMERSGATE AB, ITS PARENTS AND/OR AFFILIATES (COLLECTIVELY “GAMERSGATE” FOR PURPOSES OF THE REMAINDER OF THIS SECTION 13 AND THE FOLLOWING SECTION 14) BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE GAMERSGATE.COM WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE GAMERSGATE.COM WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO GAMERSGATE'S RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE GAMERSGATE.COM WEBSITE.
UNDER NO CIRCUMSTANCES SHALL GAMERSGATE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE GAMERSGATE.COM WEBSITE OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF GAMERSGATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
14. Special Disclaimer and Limitation of Liability for Software Product
WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY AGREE THAT GAMERSGATE SHALL HAVE NO LIABILITY WHATSOEVER FOR THE PERFORMANCE OF ANY SOFTWARE PRODUCT YOU PURCHASE THROUGH THE GAMERSGATE.COM WEBSITE, OR OF THE GAMERSGATE DOWNLOADER (SUCH SOFTWARE PRODUCTS AND THE GAMERSGATE DOWNLOADER ARE COLLECTIVELY REFERRED TO AS, FOR PURPOSES OF THIS SECTION 14, “SOFTWARE PRODUCT”).
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE PRODUCT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE PRODUCT IS PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND GAMERSGATE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE PRODUCT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. GAMERSGATE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE PRODUCT, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE PRODUCT WILL BE CONTINUOUS, UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE PRODUCT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GAMERSGATE OR A GAMERSGATE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PRODUCT PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU IN PART OR WHOLE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GAMERSGATE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF THE POSSESSION OF, USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR DEFECT IN OR CAUSED BY THE SOFTWARE PRODUCT, INCLUDING BUT NOT LIMITED TO COMPROMISING THE SECURITY OF YOUR COMPUTER, OPERATING SYSTEM OR FILES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF GAMERSGATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, GAMERSGATE’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR REPLACEMENT OF THE SOFTWARE PRODUCT WITH A PRODUCT OF COMPARABLE RETAIL VALUE, AS GAMERSGATE MAY ELECT IN ITS SOLE DISCRETION. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN PART OR WHOLE.
15. Trademarks and Service Marks
The game names, logos, characters, brands and product names appearing on the Website are trademarks/service marks or registered trademarks/service marks of their respective holders. The use of any such trademark or service mark without express written consent of the respective holder is strictly prohibited.
16. Intellectual Property
You acknowledge and agree that all content, design elements, and materials available on the Website (collectively “Materials”) are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. GamersGate and its licensors retain all right, title and interest in and to the Materials. You may not copy, reproduce, modify, republish, upload, post, transmit or distribute any Materials in any form or for any means without GamersGate’s prior written permission. In addition, you may not sell, license, rent, perform, display, create derivative works from, or in any way exploit such Materials. You agree not to disassemble, decompile or reverse engineer any software or other component of the Materials or Website.
17. Electronic Communications
When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receiving communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
18. Applicable Law; Jurisdiction
21. Entire Agreement