GAMESTOP WALLET TERMS OF SERVICE
Last Updated: January 12, 2023
Please read these GameStop Wallet Terms of Service (these "Terms
") and our
”) carefully because they govern your use of
the GameStop Wallet, which is a self-custodial Ethereum wallet that enables you to
self-custody and manage your digital assets and accounts on, and interact with, third party
services, the Supported Networks, Supported Digital Assets, and Supported Digital Asset
Accounts (as each are defined below) as more fully described in these Terms.
The GameStop Wallet is available for download at
”) as a browser extension wallet, and via Apple's
App Store at here as an iOS digital asset wallet app (the “GameStop Wallet iOS App”), and
will soon be accessible through application program interfaces (“APIs
”) and corresponding applications (each, an “App
”), such as
other mobile wallet apps.
To make these Terms easier to read:
- GME Entertainment, LLC is referred to as “GME Entertainment”, “we,” “us,” or “our.”
- The Site (including the interface accessible via the Site), browser plugins, the
GameStop Wallet iOS App, the Apps (whenever available), APIs (whenever available), and
any other features, tools, software, functionalities and other services offered from
time to time on the GameStop Wallet are referred to collectively as the “Services.” Such Services include, for example, providing users access to third party services,
such as services provided by third party Ramp or MoonPay, respectively, for purchasing
Ethereum with certain fiat currencies (which transactions will occur on a Supported
Network (as defined below)).
- “You” and “your” refer to
you, as a user of the Services. A “user” is someone who
accesses or in any way uses the Service.
Please note that third parties, such as Ramp, MoonPay, WalletConnect and Apple have their
own Terms of Service/Use (or equivalent thereof) and Privacy Policies associated with their
products/services. Prior to accessing or using such third party products/services, if
available, in connection with or through the GameStop Wallet, you are responsible for
reviewing, agreeing and complying to the terms and conditions of their Terms of Service/Use
(or equivalent thereof) and Privacy Policies.
, respectively, or visit their website
, respectively, or visit their website
, respectively, or visit their website
Policy, go to
, respectively, or visit Apple's App Store website
BY CLICKING TO ACCEPT AND/OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF,
HOWEVER, YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, PLEASE DO NOT USE OR ACCESS ANY OF
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH
LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND GME ENTERTAINMENT THROUGH BINDING,
INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 21 (DISPUTE
RESOLUTION) BELOW FOR DETAILS REGARDING ARBITRATION. HOWEVER, IF YOU ARE A RESIDENT OF A
JURISDICTION WHERE APPLICABLE LAW PROHIBITS ARBITRATION OF DISPUTES, THE AGREEMENT TO
ARBITRATE IN SECTION 21 WILL NOT APPLY TO YOU BUT THE PROVISIONS OF SECTION 20 (GOVERNING
LAW AND FORUM CHOICE) WILL APPLY INSTEAD.
1. Agreement to Terms
By using or accessing the Services, you agree to be bound by these Terms. If you do not
agree to be bound by these Terms, you are not authorized to access or use the Services. If
you are accessing or using the Services on behalf of a company (such as your employer) or
other legal entity, you represent and warrant that you have the authority to bind that
entity to these Terms. In that case, “you” and “your” will also refer to that entity.
which also governs your use of the Services, for information on how we collect, use, retain
and share your information.
3. Changes to these Terms or the Services
We may update these Terms and the Services, from time to time, at our sole discretion. If we
do, we will let you know by posting the updated Terms on the Site and/or we may also send
other communications. It's important that you review these Terms whenever we update them, or
you access or use the Services. If you continue to access or use the Services after we
posted updated Terms, it means that you accept and agree to the changes. If you do not agree
to be bound by the changes, you may not access or use the Services anymore, and your sole and exclusive remedy is to terminate use of the Services. Because the Services are evolving over time we may change or discontinue all or any part
of the Services, at any time and without notice, at our sole discretion.
You may use the Services only if you are 18 years or older and capable of forming a binding
contract with GME Entertainment, and not otherwise barred from accessing or using the
Services under applicable law. We reserve the right, at any time, in our sole discretion, to
block, suspend, restrict or terminate access to the Services from certain users, IP
addresses and unique device identifiers.
By using or accessing the Services, you represent and warrant to us that you: (a) are not
subject to sanctions, embargoes, export restrictions, or otherwise designated on any list of
prohibited or restricted parties, including but not limited to the lists maintained by the
United Nations Security Council, the U.S. Government (e.g., the Specially Designated
Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury and the
Entity List of the U.S. Department of Commerce), the European Union or its Member States, or
other applicable government authority; (b) are not located in (or a citizen of) any
jurisdiction to which the United States has embargoed goods or has otherwise applied any
sanctions; (c) are otherwise authorized to access the Services under applicable law; and (d)
will only use the Services for lawful purposes in compliance with applicable law.
5. About the Services
The Services enable you to interact with the Loopring Network, the Immutable X Network, the
Ethereum Network (which includes Ethereum Layer 1 (“L1”) and
Ethereum Layer 2 (“L2”)), and/or other supported networks
that we do not control (together, the “Supported Networks”)
associated with the non-fungible tokens (“NFTs”) and other
digital assets that the Services support (together, “Supported Digital Assets”). Through such interaction, you will be able to: (a) create Supported Digital Asset
account(s) (such as, for example, accounts for L1 and L2 Ethereum-based digital assets) in
the self-custody GameStop Wallet (“Supported Digital Asset Accounts”) to facilitate transactions; and (b) monitor, maintain, and transact with the associated
Supported Digital Assets. In addition, the Services may enable you to access services (for
example, third-party services for purchasing Ethereum with certain fiat currencies (which
transactions will occur on a Supported Network) provided by third party Ramp or MoonPay,
respectively), content, features, products, applications, smart contracts, or other
functionality provided through integration with our APIs, whenever available (“Other Applications”). Further, you may be able to link or connect your GameStop Wallet with third party
platforms or marketplaces, which have their own Terms of Service/Use (or equivalent thereof)
and Privacy Policies. Prior to accessing or using such third party platforms or
marketplaces, you are responsible for reviewing, agreeing and complying to the terms and
conditions of their Terms of Service/Use (or equivalent thereof) and Privacy Policies.
You acknowledge and agree that you solely assume the risk associated with withdrawing your
NFTs or other digital assets from Ethereum L2 (such as Loopring L2 or Immutable X L2) to
Ethereum L1 and vice versa, or from Immutable X Layer 2 to Ethereum L1 and vice versa, and
that the GameStop Entities (defined below) are not liable for any loss or damage that arises
or may arise as a result of such withdrawals.
You understand that you are solely responsible for your use of the Services, regardless of
if the use is authorized or done by you. We are not responsible for your unauthorized access
or use of the Services.Also, we are not responsible for unauthorized access or use of your GameStop Wallet. You
are solely responsible for keeping your GameStop Wallet, Security Recovery Phrase and
private keys safe and secure.
- Transactions Conducted by Third Parties. If you elect to purchase
Ethereum or engage in any other transaction using third party services, including those services
provided by Ramp or MoonPay, any transaction that you engage in will be conducted solely
through such third party services and the relevant blockchain network(s). Also, we have no
control over these purchases or transactions, which may be delayed, canceled, lost, dropped
or not completed, nor do we have the ability to reverse any transactions or fees (including,
but not limited to, transaction fees or “gas” fees imposed by relevant blockchain network(s)).
Accordingly, we will have no liability to you or to any third party for any claims or damages
that arises or may arise as a result of any purchases or transactions that you engage in
through these third party services.
- Costs and Fees. Services may be subject to platform fees,
and you acknowledge that we may earn a portion of those fees in connection with your use
of, or access to, the Services. Third parties may also charge fees for third party services
(such as, for example, fiat-to-ETH onramps) that they provide to you when you elect to use
such services in connection with your GameStop Wallet. In addition, interactions with the
relevant blockchain network(s) may also result in transaction fees and/or “gas” fees imposed
by such network(s), which are also solely your responsibility and may increase at any time.
You acknowledge and understand that at any time one or more fees associated with the GameStop
Wallet may increase or decrease, be added or removed in connection with any Service, with
or without advance notice to you. You will be solely responsible for paying all fees.
You are solely responsible for all costs incurred by you in using the Services and
determining, collecting, reporting and paying all applicable Taxes. As used herein, “Taxes”
means the taxes, duties, levies, tariffs, and other governmental charges that you may be
required by law to collect and remit to governmental agencies, and other similar municipal,
state, federal and national indirect or other withholding and personal or corporate income
taxes. You are solely responsible for maintaining all relevant Tax records and complying
with any reporting requirements you may have related to our Services. You are further solely
responsible for independently maintaining the accuracy of any record submitted to any tax
authority including any information derived from the Services. We reserve the right to
report any activity occurring using the Services to relevant tax authorities as required
under applicable law.
7. Wallet Password and Security
When setting up your self-custody GameStop Wallet, you will be responsible for securing and
protecting your own access credentials, which may include a “wallet password,” twelve-word
seed phrase or Secret Recovery Phrase, “private key,” and/or other private access
information (“Access Credentials”). You understand that you
will not be able to access or use your GameStop Wallet or the digital assets therein if you
lose your Access Credentials.
You understand and agree that GME Entertainment cannot, and will not, store, restore or
recover your Access Credentials and you agree to keep your Access Credentials safe and
confidential. You further represent and agree that GME Entertainment shall not be liable for
any loss or damage arising from your failure to comply with this Section 7.
Your Access Credentials are for your internal use only and you agree not to transfer, sell,
or sublicense them to a third person, with exception to agents working on your behalf.
Also, you acknowledge and agree that you solely assume the risk associated with obtaining,
using or relying upon a crypto domain, non-fungible token domain, decentralized domain,
blockchain domain (such as an ENS domain) or any other domains (collectively, “Domains”) in
connection with your GameStop Wallet or transactions thereto or therefrom, and agree that
the GameStop Entities (defined below) are not liable for any loss or damage that arises or
may arise as a result of obtaining, using or relying upon any Domains in connection with
your GameStop Wallet or transactions thereto or therefrom.
8. Block, Suspension or Termination for Violations
We may block, suspend, restrict, discontinue or terminate your access to and use of any or
all of the Services at our sole discretion, at any time and without notice to you, including
in connection with any transaction as required by applicable law, any governmental
authority, or if we in our sole and reasonable discretion determine you are violating these
Terms or the terms and conditions of any Service Provider (defined below). Such blocking,
suspension, restriction, discontinuation or termination shall not be considered a breach of
these Terms by GME Entertainment. In accordance with its anti-money laundering, sanctions,
anti-terrorism, anti-fraud, and other compliance policies and practices, we may impose
reasonable limitations and controls on the ability of you to access or use the Services. You
acknowledge that GME Entertainment's decision to take certain actions regarding your access
and/or use of the Services for any reason, in our sole discretion, may be based on
confidential criteria that are essential to GME Entertainment's risk management, compliance
and security protocols. You agree that GME Entertainment is under no obligation to disclose
the details of its risk management, compliance or security protocols to you.
You may delete your GameStop Wallet at any time by deleting the client side software that
you installed into your device(s). The deletion shall result in the immediate termination of
the limited licenses in Section 9 (and anywhere else in these Terms). Make sure to transfer
your digital assets in your GameStop Wallet before deleting it from your device(s).
Otherwise, you may lose those digital assets permanently.
9. Rights and Terms for Browser Plugin, Apps and Services; Limited License
- Limited License. If you comply with these Terms, GME Entertainment
hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable,
non-assignable and personal license to download and install the browser plugin and GameStop
Wallet iOS App, and, whenever available, the App on your personal computers, mobile devices,
tablets, wearable devices, and/or other devices and to run the browser plugin, the GameStop
Wallet iOS App and the App solely for your own personal, non-commercial purposes, and to
access and use the Services solely in accordance with these Terms. Except as expressly permitted
in these Terms, you may not: (i) copy, modify or create derivative works based on the browser
plugins, GameStop Wallet iOS App, App, Services or the content therein; (ii) distribute,
transfer, sublicense, lease, lend, or rent the browser plugins, GameStop Wallet iOS App,
App, Services or the content therein to any third party; (iii) reverse engineer, decompile,
or disassemble the browser plugins, GameStop Wallet iOS App, App or the Services (unless
applicable law permits, despite this limitation); (iv) use data scraping techniques to mine
or otherwise scrape data; (v) access or use the Services in a manner to avoid incurring or
paying fees or exceeding quotas or usage limits, or (vi) make the functionality of the browser
plugins, GameStop Wallet iOS App, App, Services or the content therein available to multiple
users through any means.
- Additional Information: Apple App Store. This Section 9(b)
applies to the GameStop Wallet iOS App and any other App that you may acquire from the Apple
App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and
support services with respect to the GameStop Wallet iOS App or said any other App. In the
event of any failure of the GameStop Wallet iOS App or said any other App to conform to any
applicable warranty, you may notify Apple, and Apple will refund the GameStop Wallet iOS
App or said any other App purchase price to you (if applicable) and, to the maximum extent
permitted by applicable law, Apple will have no other warranty obligation whatsoever with
respect to the GameStop Wallet iOS App or said any other App. Apple is not responsible for
addressing any claims by you or any third party relating to the App or your possession and
use of it, including, but not limited to: (a) product liability claims; (b) any claim that
the GameStop Wallet iOS App or said any other App fails to conform to any applicable legal
or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defense, settlement and discharge of any
third-party claim that your possession and use of the GameStop Wallet iOS App or said any
other App infringe that third party’s intellectual property rights. Apple and its subsidiaries
are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple
will have the right (and will be deemed to have accepted the right) to enforce these Terms
against you as a third-party beneficiary thereof. You represent and warrant that (i) you
are not located in a country that is subject to a U.S. Government embargo or sanction, or
that has been designated by the U.S. Government as a terrorist-supporting country, and (ii)
you are not listed on any U.S. Government list of prohibited or restricted parties. You must
also comply with any applicable third-party Terms of Service/Use when using the GameStop
Wallet iOS App or said any other App.
We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the
Services (“Feedback"). If you choose to submit Feedback, you
agree that we are free to use it without any restriction, notice or compensation to you. You
hereby irrevocably assign to GME Entertainment any and all right, title and interest
(including, but not limited to, any patent, copyright, trademark, goodwill, trade secret,
know-how, show-how, moral rights and any and all other intellectual property right) that you
may have in the Feedback, and agree to provide GME Entertainment any assistance required to
document, perfect and maintain its rights in the Feedback. To the extent that moral rights
cannot be assigned under applicable law, you hereby waive and agree not to enforce against
GME Entertainment, our corporate parents, affiliates, subsidiaries and divisions
(collectively, “GameStop Entities") any and all moral rights,
including, without limitation on subsequent modification, to the extent permitted under
11. Your Content
- User Content. Our Services may allow you to upload or
view content, which may include files, text, documents, graphics, images, music,
software, audio and video. Anything (other than Feedback) that you make available
through the Services is referred to as "User Content."
User Content may include the Digital Art (which includes, but not limited to, one or
more graphics, image, music, audio, video and/or text files) associated with NFTs that
are associated with your GameStop Wallet. GME Entertainment does not claim any ownership
rights in any User Content and nothing in these Terms will be deemed to restrict any
rights that you may have to your User Content.
- Permissions to Your User Content. By making any User Content
available through the Services you hereby grant to GameStop Entities a non-exclusive, transferable,
worldwide, irrevocable, royalty-free license, with the right to sublicense, to use, copy,
modify, create derivative works based upon, distribute, publicly display, and publicly perform
your User Content in connection with operating, providing and marketing of the Services.
- Your Responsibility for User Content. You are solely responsible
for all your User Content. You represent and warrant that you have all rights, licenses,
consents, permissions, power and/or authority that are necessary to grant the GameStop Entities
the license rights in your User Content under these Terms. You represent and warrant that
neither your User Content, nor your use and provision of your User Content to be made available
through the Services, nor any use of your User Content by any GameStop Entity on or through
the Services will breach any contract; infringe, misappropriate or violate a third party’s
intellectual property rights, or rights of publicity or privacy; or result in the violation
of any applicable law or regulation.
- Removal of User Content. To the maximum extent permitted by
law, we are not responsible or liable for the removal or deletion of (or the failure to remove
or delete) any of your User Content.
- GME Entertainment's Intellectual Property. We may make available
through the Services content that is subject to intellectual property rights owned by or
licensed to GME Entertainment. Subject to the limited rights expressly granted hereunder,
GME Entertainment and its licensors reserve all right, title and interest, including ownership
and intellectual property rights, to such content.
Warranty Disclaimers. THE SITE, SERVICES AND ANY CONTENT THEREIN
ARE PROVIDED “AS IS” AND “AS AVAILBLE” BASIS WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS
OF ANY KIND, WHETHER EXPRESS OR IMPLIED. GAMESTOP ENTITIES AND THEIR LICENSORS MAKE NO WARRANTY
THAT THE SERVICES OR ANY CONTENT THEREIN: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE
ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE,
COMPLETE, LEGAL, OR SAFE. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT,
AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, AS TO THE SERVICES AND ANY CONTENT THEREIN.
EXCEPT FOR THE EXPRESS STATEMENTS SET FORTH IN THESE TERMS, YOU HEREBY ACKNOWLEDGE AND AGREE
THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT, MATERIAL OR INFORMATION, WHETHER ORAL OR
WRITTEN, WITH RESPECT TO YOUR ACCESS AND USE OF THE SERVICES OR ANY CONTENT THEREIN. WITHOUT
LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT THE GAMESTOP ENTITIES WILL NOT
BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON STATEMENTS,
MATERIAL OR INFORMATION CONTAINED ON THE SERVICES OR ANY CONTENT THEREIN. WHILE THE GAMESTOP
ENTITIES ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES AND ANY CONTENT THEREIN
SAFE, THE GAMESTOP ENTITIES CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES AND ANY
CONTENT THEREIN, OR GAMESTOP ENTITIES’ SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. GAMESTOP ENTITIES CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE
ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE
OVER THE INTERNET AND WILL NOT HOLD THE GAMESTOP ENTITIES RESPONSIBLE FOR ANY BREACH OF
GAMESTOP ENTITIES WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKES NO
RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF OR INABILITY TO USE THE
SITE, SERVICES OR ANY CONTENT THEREIN, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR
CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS OR SECRET RECOVERY PHRASES
(ALSO KNOWN AS SEED PHRASES OR MNEMONICS), INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED
WALLET ADDRESSES; (II) LOSS OF OR INABILITY TO RESTORE ACCESS OR USE FROM YOUR SECRET
RECOVERY/BACKUP PHRASE; (III) SERVER FAILURE OR DATA LOSS; (IV) BLOCKCHAIN NETWORKS, DIGITAL
ASSET WALLETS OR CORRUPT FILES; (V) INTERRUPTIONS, DELAYS, ERRORS, OMISSIONS AND/OR DEFECTS
IN THE TRANSMISSION OF TRANSACTIONS OR MESSAGE TO THE RELEVANT BLOCKCHAIN NETWORK(S) (SUCH
AS THE LAYERS 1 AND 2 OF THE ETHEREUM NETWORK); (VI) UNAUTHORIZED ACCESS TO OR USE OF
SERVICES; (VII) DELAY, INTERRUPTION OR FAILURE OF ANY TRANSACTION OR COMMUNICATION TO SEND
OR BE RECEIVED BY THE INTENDED RECIPIENT IN THE INTENDED FORM; (VIII) DECREASED OR INCREASED
VALUE OF NFTS, ETHER OR OTHER DIGITAL ASSETS ASSOCIATED WITH THE ETHEREUM BLOCKCHAIN OR
OTHER BLOCKCHAINS; (IX) INCORRECT RECORDATION OR NON-RECORDATION OF TRANSACTION ON RELEVANT
BLOCKCHAIN(S); OR (X) ANY THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION, THE USE OF
VIRUSES, PHISHING, BRUTEFORCING, OR OTHER MEANS OF ATTACK (WHICH INCLUDES, BUT NOT LIMITED
TO, DISTRIBUTED DENIAL-OF-SERVICE (“DDoS”) ATTACK).
YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF
DIGITAL ASSETS (INCLUDING NFTS) YOU PURCHASE OR SELL THROUGH THE SERVICES, OR ANY
TRANSACTIONS THROUGH THIRD PARTY SERVICES. NOTWITHSTANDING INDICATORS OR MESSAGES THAT
SUGGEST VERIFICATION, THE GAMESTOP ENTITIES MAKE NO CLAIMS ABOUT THE IDENTITY, LEGITIMACY,
OR AUTHENTICITY OF ANY DIGITAL ASSETS IN CONNECTION WITH THE SERVICES.
13. ASSUMPTION OF RISKS
You accept and acknowledge:
- Sophistication and Risk of Cryptographic Systems. Our
Services do not store, send, or receive digital assets (such as NFTs, cryptocurrencies,
digital tokens, digital coins, stablecoins). This is because digital assets exist only
by virtue of the ownership record maintained on its supporting blockchain (“Blockchain”). Any transfer of digital assets occurs within the supporting Blockchain and not on
the Services. Transactions in digital assets (including NFTs) may be irreversible, and,
accordingly, losses due to fraudulent or accidental transactions may not be recoverable.
Some transactions in digital assets shall be deemed to be made when recorded on a public
ledger, which is not necessarily the date or time that you initiated the transaction. By
accessing or using the Services, you represent that you understand the inherent risks
associated with cryptographic systems; and warrant that you understand the usage and
intricacies of blockchain, digital assets, decentralized networks, decentralized apps,
decentralized exchanges or platforms and blockchain-based software systems. The GameStop
Entities are not responsible for any issues with the Blockchains, including forks,
technical node issues, , cyberattacks, ransomware attack or any other issues having fund
losses as a result. You acknowledge that the cost and speed of transacting with
cryptographic and blockchain-based systems such as Ethereum are variable and may
increase at any time. You further acknowledge the risk that your digital assets may lose
some or all of their value while they are supplied to or from the Services. You further
acknowledge that we are not responsible for any of these variables or risks and cannot
be held liable for any resulting losses that you experience while accessing Services.
Accordingly, you understand and agree to assume full responsibility for all of the risks
of accessing and using and interacting with the Services.
There are risks associated with using an Internet-based digital asset, including but not
limited to, the risk of hardware, software and Internet connections, the risk of malicious
software introduction, and the risk that third parties may obtain unauthorized access to
information stored within your GameStop Wallet. Our Services rely on emerging technologies,
such as Ethereum and smart contracts, which may change or become non-operational due to third
party activity and without prior notice to you or the GameStop Entities. You accept and acknowledge
that the GameStop Entities will not be responsible for any communication failures, disruptions,
errors, distortions or delays you may experience when using the Services, however caused.
- Risk of Legislative, Regulatory or Judiciary Actions in One or More Jurisdictions. The GameStop Entities, digital assets in general, and/or any other Supported Network, Supported
Digital Assets, and any Supported Digital Asset Accounts, could be impacted by one or more
legislative actions, regulatory actions (such as regulatory investigations or enforcement
actions) or judiciary actions (such as orders and decisions) that could impede or limit the
ability of the GameStop Entities to continue to develop, or which could impede or limit your
ability to access or use the Services, Supported Networks, Supported Digital Assets, and/or
any Supported Digital Asset Accounts. The legal and regulatory regimes and case law governing
blockchain technologies, digital assets, including, but not limited to, NFTs, are uncertain
and evolving, and new or revised laws, regulations or policies may materially adversely affect
one or more digital assets and/or the Services. By using or accessing the Services, you acknowledge
these risks and agree that the GameStop Entities will not be held liable for any losses or
damages associated with these risks including, without limitation, losses associated with
your use of Supported Digital Assets, Supported Networks or Supported Digital Asset Accounts.
- Risk of Weaknesses or Exploits in the Field of Cryptography. There are risks associated with using an Internet-based currency, including but not limited
to, the risk of hardware, software, and Internet connections, the risk of malicious software
introduction, and the risk that third parties may obtain unauthorized access to information
stored within your GameStop Wallet. You acknowledge and understand that cryptography is a
progressing field and that advances in cryptoanalysis or technical advances such as the development
of quantum computers may present risks to digital assets and the Services, which could result
in the theft or loss of your Supported Digital Assets or Supported Digital Asset Accounts.
The GameStop Entities do not guarantee or otherwise represent full security of the Services.
By using or accessing the Services, you acknowledge these risks and agree that the GameStop
Entities will not be held liable for any losses or damages associated with these risks including,
without limitation, losses associated with your use of Supported Digital Assets or Supported
- Volatility of Digital Assets. You understand that the Supported
Digital Assets and the Supported Networks, are highly volatile due to many factors including,
but not limited to, adoption, speculation, technology, legislative, regulatory and case law
risks, security risks, litigation, and bankruptcy filings and proceedings of one or more
entities involved in digital assets and transactions or custody thereof. You also acknowledge
that the cost of transacting on the Supported Networks is variable and may increase at any
time causing impact to any activities taking place on the Services or Supported Networks.
By using or accessing the Services, you acknowledge these risks and agree that the GameStop
Entities will not be held liable for any losses or damages associated with these risks including,
without limitation, losses associated with your use of Supported Digital Assets or Supported
- Purchasing or Receiving Unauthorized Digital Assets. There
are risks associated with purchasing or receiving digital assets (such as NFTs), including,
but not limited to, the risk of purchasing or receiving counterfeit assets, mislabeled assets,
assets with unauthorized content, assets that are vulnerable to metadata decay, assets on
smart contracts with bugs or malware, and assets that may become untransferable. Digital
assets you purchase or receive may become inaccessible. By using or accessing the Services,
you acknowledge these risks and agree that the GameStop Entities will not be held liable
for any losses or damages associated with these risks including, without limitation, the
inability to view or access your digital assets.
- Other Affiliated Services and Third Party Services. The
Services may include, integrate with, or be accessible through, Other Applications
including software and services provided by our affiliates and or by third parties
through software links within the browser plugins, GameStop Wallet iOS App or App. Other
Applications are made available to you under the terms and conditions of the applicable
service providers (collectively, “Service Providers”).
Please review the applicable terms and conditions prior to using or accessing Other
Applications. By using any Other Applications, you acknowledge that (a) you have read
and agree to the terms and conditions that apply to such Other Applications; (b) you are
not transferring your assets to us; and (c) you may be exposed to the risks inherent in
such Other Applications. Such risks include, without limitation, delays in or inability
to access funds or digital assets held by such parties or loss of funds and/or digital
Service Providers may charge you a fee for use of, or access to, Other Applications. You
acknowledge that GME Entertainment may earn fees from Service Providers in connection with
your use of such Other Applications.
You agree that the GameStop Entities are not in any way associated with the Other
Applications or responsible or liable for the software and services offered by the
associated Service Providers. The GameStop Entities do not endorse or approve and makes no
warranties, representations, or undertakings relating to the software, service, or content
of any Other Applications.
In addition, the GameStop Entities disclaim liability for any loss, damage and any other
consequence resulting directly or indirectly from or relating to your use or access of Other
Applications or any information that you may provide or any transaction conducted with or
through the Other Applications or the failure of any information, software or services
posted or offered by Service Providers or any error, omission or misrepresentation by such
Service Providers or any computer virus arising from or system failure associated with the
In the event of any inconsistency between these Terms and the terms and conditions of the
Other Applications, these Terms will prevail. Notwithstanding the foregoing, the Services
may rely on third-party platforms to perform transactions with respect to any digital
assets. If we are unable to maintain a good relationship with such platform providers; if
the terms and conditions or pricing of such platform providers change; if we violate or
cannot comply with the terms and conditions of such platforms; if legislative or regulatory
actions or case law negatively affect such platform providers; or if any of such platforms
loses market share or falls out of favor or is unavailable for a prolonged period of time,
access to and use of the Service may be impacted, which may result in termination of the
Service without notice and at our discretion.
You will indemnify, defend (at the relevant GameStop Entity's/Entities' option) and hold the
GameStop Entities and their respective officers, directors, agents, joint venturers,
employees and representatives harmless from and against any claims, disputes, demands,
liabilities, damages, losses, and costs and expenses, including, without limitation,
reasonable legal and accounting fees, arising out of or in any way connected with (a) your
access to or use or misuse of the Services or content therein, (b) your User Content, or (c)
your violation of these Terms. You may not settle or otherwise compromise any claim subject
to this Section 14 without the relevant GameStop Entity's/Entities' prior written approval.
The GameStop Entities each reserves the right, at its own expense, to assume exclusive
defense and control of any matter otherwise subject to indemnification by you and, in such
case, you agree to cooperate with the relevant GameStop Entity/Entities in the defense of
15. Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE GAMESTOP ENTITIES AND THEIR RESPECTIVE OFFICERS,
DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, REPRESENTATIVES AND SERVICE PROVIDERS WILL
NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES
FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR
GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE
SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR
INABILITY TO USE THE SERVICES OR ANY CONTENT THEREIN, WHETHER BASED ON WARRANTY, CONTRACT,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT
THE GAMESTOP ENTITIES OR THEIR SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF
SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE GAMESTOP ENTITIES’ AND THEIR
RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, AND REPRESENTATIVES’
TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR
INABILITY TO USE THE SERVICES OR ANY CONTENT THEREIN EXCEED THE AMOUNTS YOU HAVE PAID OR ARE
PAYABLE BY YOU TO GME ENTERTAINMENT FOR USE OF THE SERVICES, OR ONE HUNDRED DOLLARS ($100)
IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO GME ENTERTAINMENT, AS APPLICABLE.
16. No License to GameStop Brand Features
- All GameStop trademarks, service marks, trade names, logos, domain names, and any other
features of the GameStop brand (“GameStop Brand Features”) are the sole property of GME Entertainment or its respective licensors. The Terms do
not grant you any rights to use any GameStop Brand Features whether for commercial or
- Unless explicitly stated otherwise, you obtain no rights from GME Entertainment or its
licensors, including without limitation intellectual property rights. You will not use
GME Entertainment's or its licensors' trademarks, service marks or logos for any reason
or purpose unless you obtain prior written consent from GME Entertainment or its
licensors, respectively. GME Entertainment and its licensors retain ownership of all
copies of the Services, or any part thereof, even after installation on your personal
computers, mobile devices, tablets, wearable devices, speakers and/or other devices.
- You agree not to do any of the following:
- Use, display, mirror, or frame the Services or any individual element within the
Services, any GameStop Brand Features or other proprietary information, or the
layout and design of any page or form contained on a page, without GME
Entertainment's prior written consent;
- Access, tamper with, or use non-public areas of the Services, GameStop Entities'
computer systems, or the technical delivery systems of GameStop Entities' providers;
- Attempt to probe, scan, or test the vulnerability of any GameStop Entities; system
or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any
technological measure implemented by a GameStop Entity or any of GameStop Entities'
providers or any other third party (including another user) to protect the Services;
- Attempt to access or search the Services or download information from the Services
using any engine, software, tool, agent, device, or mechanism (including spiders,
robots, crawlers, data mining tools, or the like) other than the software and/or
search agents provided by GME Entertainment or other generally available third-party
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk
mail, spam, chain letters, or other form of solicitation;
- Use the Services, or any portion thereof, for any commercial purpose or for the
benefit of any third party or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or
newsgroup posting, or in any way use the Services to send altered, deceptive or
false source-identifying information;
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software
used to provide the Services;
- Interfere with, or attempt to interfere with, the access of any user, host or
network, including, without limitation, sending a virus, overloading, flooding,
spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from
other users of the Services without their express permission, or use the Services to
harm or gain information from minors;
- Impersonate or misrepresent your affiliation with any person or entity;
- Engage or assist in any activity that violates any law, statute, ordinance,
regulation, or sanctions program, including but not limited to the U.S. Department
of Treasury's Office of Foreign Assets Control (“OFAC”), or that involves proceeds
of any unlawful activity (including but not limited to money laundering, terrorist
financing, or deliberately engaging in activities designed to adversely affect the
performance of the Services);
- Engage or assist in fraud, deceptive or misleading activities, market manipulation
activities, which include without limitation pump and dump, wash trading, spoofing,
layering, or other activities that attempt to artificially influence a digital
asset's price and/or the behavior of the relevant market(s), or collude with others
- Use the Services to participate in fundraising for a business, protocol, or
platform, including but not limited to creating, listing, or buying assets that are
redeemable for financial instruments, assets that give owners the rights to
participate in an Initial Coin Offering, or any securities offering.
- Violate any applicable law, regulation or third-party rights;
- Use the Services in a manner that is defamatory, intimidating, harassing or
- Infringe, misappropriate or violate any GameStop Entity's or third party's patent,
copyright, trademark, trade secret, moral rights or other intellectual property
- Promote or facilitate scams or unlawful gambling;
- Violate any applicable law, regulation or third-party rights; or
- Encourage or enable any other individual to do any of the foregoing.
- You agree to abide by the Terms and not to use the Services or any part thereof in any
manner not expressly permitted by the Terms. Except for the rights expressly granted to
you in the Terms, GME Entertainment grants no right, title, or interest to you in the
Site, browser plugins, Apps or the Services or the content therein.
- If applicable, third party software (for example, open source software libraries)
included in the Services are made available to you under the relevant third party
software library's license terms.
The Services or third parties may provide links or other forms of access (collectively,
“Links”) to third party sites, applications, resources, or services. Because GME
Entertainment has no control over such Links, sites, applications, resources or services,
you acknowledge and agree that the GameStop Entities are not responsible for the Links, the
availability of such external sites, applications, resources or services, or the software or
services provided by third parties, and does not endorse and is not responsible or liable
for any content, advertising, products, services or other materials on or available from
such Links, sites, applications, resources or services. You acknowledge and agree that the
GameStop Entities 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 the Links or the use of or
reliance on any such content, goods or services available on or through any such Links,
sites, applications, resources or services. You also understand and agree to assume full
responsibility for all risks arising from your use of any Links, sites, applications,
resources or services.
Upon any termination, discontinuation, or cancellation of the Services or your self-custody
GameStop Wallet, all provisions of these Terms which by their nature extend beyond
termination, discontinuation or cancellation of these Terms, including without limitation,
Sections 9(b), 10, 11(b) & 12-22, shall survive.
19. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there shall be no
third party beneficiaries to the Terms.
20. Governing Law and Forum Choice
You and GME Entertainment agree that these Terms and any Dispute you may have with GME
Entertainment, will be governed by federal law and the Federal Arbitration Act as to
arbitration issues and the law of the State of Texas for all other issues, without reference
to the principles of conflicts of laws thereof. You agree that the United Nations Convention
on Contracts for the International Sale of Goods (1980) and Uniform Computer Information
Transactions Act (UCITA), as adopted by any state, are specifically excluded from
application to these Terms.
21. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS,
INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
- INFORMAL RESOLUTION: You and GME Entertainment will first attempt to resolve any claim
informally. Accordingly, neither you nor GME Entertainment may start a formal
arbitration proceeding for at least sixty (60) days after one party notifies the other
party of a claim in writing. As part of this informal resolution process, you must
deliver your written notices via hand or first-class mail to us at GME Entertainment,
LLC, Attn: Legal - Dispute Resolution, 625 Westport Parkway Grapevine, Texas 76051.
- WE BOTH AGREE TO ARBITRATE: You and GME Entertainment agree to resolve any dispute
between you and GME Entertainment or another GameStop Entity (“Dispute”) through final and binding arbitration, with two exceptions. First to the extent you
have in any manner violated or threatened to violate our intellectual property rights
(for example, trademark, trade secret, copyright, or patent rights) or to the extent
that you believe we have violated or threatened to violate your intellectual property
rights. Under such circumstances we or you may bring a lawsuit solely for injunctive
relief to stop intellectual property infringement (for example, trademark, trade secret,
copyright, or patent rights) without first engaging in arbitration or the informal
dispute-resolution process described above. Second, you may bring any matter within the
jurisdiction of a small claims court or similar court in which you seek less than
$10,000 in a small claims court or similar court on an individual basis without a class
- WHAT IS ARBITRATION: You and GME Entertainment mutually agree to forego the delay and
expense of using a court of law and choose instead to benefit from the speedy,
economical, and impartial dispute resolution procedure of using binding arbitration for
Disputes that arise between you and GME Entertainment, its related and affiliated
companies, successors, and assigns; and/or any current or former employee, officer, or
director of GME Entertainment or any related or affiliated company. Arbitration is more
informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of
a judge or a jury, the case will be decided by a neutral arbitrator who has the power to
award the same damages and relief that a court can. You and GameStop agree that this
Section 21 (Dispute Resolution) is governed by the Federal Arbitration Act, 9 U.S.C. § 1
et seq., and will survive even if these Terms terminate. Any revision to or termination
of these Terms that modify or terminate this Section 21 (Dispute Resolution) shall not
apply to a pending arbitration, to any claim that accrued prior to the modification or
termination, or to any claim that the asserting party knew about prior to the
modification or termination, except as may be required by applicable law.
- WAIVER OF JURY TRIAL: EXCEPT AS SET FORTH IN SECTION 21(b) ABOVE, THE PARTIES HEREBY
WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT
OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by
arbitration. Arbitration procedures are typically more limited, more efficient and less
costly than rules applicable in court and are subject to very limited review by a court.
In the event any litigation should arise between you and us in any state or federal
court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND GME
ENTERTAINMENT WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be
resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT
WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
- NO CLASS ACTIONS: Except as otherwise required under applicable law, You and GME
Entertainment agree to arbitrate any Dispute only on an individual basis and hereby
waive any right to bring, participate in, or receive money or any other relief from any
representative, class, consolidated, or collective proceeding ("Class Action Waiver"). No party may bring a claim on behalf of other individuals, and no arbitrator
hearing any claim under these Terms may: (a) without the consent of all parties, combine
more than one individual's claim or claims into a single case; (b) order, require,
participate in, or facilitate production of class-wide contact information or
notification of others of potential claims; or (c) arbitrate any form of a class,
collective, consolidated, representative, or private attorney general proceeding.
- WHO DECIDES WHAT CAN BE ARBITRATED: The parties agree that the arbitrator shall have
exclusive authority to decide all issues relating to the interpretation, applicability,
enforceability, and scope of this arbitration agreement.
- WHAT ARE THE ARBITRATION RULES, PROCEDURES, AND COSTS: To initiate arbitration, the
party desiring to pursue a legal dispute must prepare a written demand setting forth the
claim(s) and deliver the written demand within the applicable statute of limitations
period by hand or first class mail to the AAA and us at GME Entertainment, Attn: General
Counsel, 625 Westport Parkway Grapevine, Texas 76051. You and GameStop agree that the
arbitration shall be administered by the American Arbitration Association (“AAA”) before a single arbitrator mutually agreed upon by the parties, and if the parties
cannot agree within thirty (30) days after names of potential arbitrators have been
proposed, then by a single arbitrator who is chosen by AAA. Except to the extent that
they are modified by the rules below, if you are an individual person, the AAA Consumer
Arbitration Rules that are in effect at the time of the filing of the demand (and that
are available at
https://www.adr.org/sites/default/files/Consumer_Rules_Web_2.pdf) will apply.
- The parties agree that the applicable AAA rules are modified as follows:
- Any arbitrator must be neutral as to all parties. Standards for the recusal of an
arbitrator shall be the same standards under which trial judges are recused under
Texas law. Unless you prefer otherwise and GME Entertainment agrees, the arbitration
shall be conducted in the county in which you reside. Or if that is not practicable,
in an adjacent county as determined by AAA.
- All discovery shall be subject to any and all objections available under FRCP 26(b).
Each party shall avoid broad or widespread collection, search, and production of
documents, including electronically stored information (“ESI”). If a compelling need is demonstrated by the requesting party, the production
shall: (i) be narrowly tailored in scope; (ii) only come from sources that are
reasonably accessible without undue burden or cost; and (iii) be produced in a
searchable format, if possible without undue burden or cost, and which is usable by
the receiving party and convenient and economical for the producing party. Where the
costs and burdens of the requested discovery outweigh its likely benefit,
considering the needs of the case, the amount in controversy, and the importance of
the discovery in resolving the issues, the arbitrator shall deny such requests or
order production on condition that the requesting party advance to the producing
party the reasonable costs involved in making the production, subject to the
allocation of costs in the final award.
- The arbitrator shall have the authority to award the same damages and other relief
that would have been available in court pursuant to the law governing the
- Either party shall have the right to file motions to dismiss and motions for summary
- The arbitrator shall have the authority to issue an award or partial award without
conducting a hearing on the grounds that there is no claim on which relief can be
granted or that there is no genuine issue of material fact to resolve at a hearing.
- The Federal Rules of Evidence shall apply to all arbitration proceedings.
- The arbitrator must issue a decision in writing, setting forth in summary form the
reasons for the arbitrator's determination and the legal basis therefor.
- The arbitrator's authority shall be limited to deciding the case submitted by the
parties to the arbitration. Therefore, no decision by any arbitrator shall serve as
precedent in other arbitrations except to preclude the same claim from being
re-arbitrated between the same parties.
- The parties may settle any dispute on a mutual basis without involvement of the
- Payment of all filing, administration and arbitrator fees will be governed by the
AAA Rules, and we won't seek to recover the administration and arbitrator fees we
are responsible for paying, unless the arbitrator finds your Dispute frivolous. If
we prevail in arbitration we'll pay all of our attorneys' fees and costs and won't
seek to recover them from you. If you prevail in arbitration you will be entitled to
an award of attorneys' fees and expenses to the extent provided under applicable
- (i) If any term or condition in this Section 21 (Dispute Resolution) is determined to be
unenforceable or in conflict with a mandatory provision of applicable law, it shall be
construed to incorporate any mandatory provision, or the unenforceable or conflicting
term or condition shall be automatically severed and the remainder of this Section 21
(Dispute Resolution) shall not be affected. Provided, however, that if the Class Action
Waiver is found to be unenforceable, then any claim brought on a class, collective, or
representative action basis shall be adjudicated exclusively in the state and federal
courts located in the County of Tarrant, Texas, which shall be the exclusive forum for
such claims. You waive any and all objections to the exercise of jurisdiction over you
by such courts and to venue in such courts.
22. General Terms
- Reservation of Rights. GME Entertainment and its licensors
exclusively own all right, title, and interest in and to the Services, including all associated
intellectual property rights. You acknowledge that the Services are protected by at least
copyright, trademark, and other laws of the United States and foreign countries. You agree
not to remove, alter or obscure any copyright, trademark, design mark, service mark, or other
proprietary rights notices incorporated in or accompanying the Services. Subject to the limited
rights expressly granted in these Terms, GME Entertainment and its licensors reserve all
right, title and interest, including ownership and intellectual property rights, in and to
- Entire Agreement. These Terms constitute the entire and exclusive
understanding and agreement between GME Entertainment and you regarding the Services, and
these Terms supersede and replace all prior oral or written understandings or agreements
between GME Entertainment and you regarding the Services. If any provision of these Terms
is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that
provision will be enforced to the maximum extent permissible and the other provisions of
these Terms will remain in full force and effect. You may not assign or transfer these Terms,
by operation of law or otherwise, without GME Entertainment's prior written consent. Any
attempt by you to assign or transfer these Terms, without such consent, will be null and
void. GME Entertainment may freely assign or transfer these Terms without restriction. Subject
to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors
and permitted assigns.
- Export Compliance. You agree to comply with all applicable
import, re-import, export and re-export control laws and regulations when using the Services.
You are solely responsible for compliance related to your use of the Services.
- Notices. Any notices or other communications provided by GME
Entertainment under these Terms will be given: (i) via email; or (ii) by posting to the Services.
For notices made by email, the date of receipt will be deemed the date on which such notice
- Headers. The headings and captions contained in these Terms
are for convenience of reference only and will not be deemed to be a part of these Terms
and will not be referred to in connection with the construction or interpretation of these
- Injunctive Relief. You agree that a breach of these Terms
will cause irreparable injury to GME Entertainment for which monetary damages would not be
an adequate remedy and GME Entertainment shall be entitled to equitable relief in addition
to any remedies it may have hereunder or at law without a bond, other security or proof of
- Force Majeure. GME Entertainment shall not be deemed in
default of or have breached any provision of these Terms due to a delay, failure in
performance or interruption of service arising out of or caused, directly or indirectly,
by circumstances beyond its reasonable control, including, without limitation, acts of
God; earthquakes; tornados; hurricanes; fires; floods; wars; civil or military
disturbances; acts of terrorism; sabotage; invasions; insurrections; strikes; pandemics;
epidemics; riots; power failures; computer or data center failure; order, regulation,
quarantine or restriction imposed by government or military; labor disputes;
cyberattack, ransomware attack, and loss, disruption or malfunction of utility,
blockchain network, Internet, computer (hardware or software) or telephone communication
services (collectively, a “Force Majeure Event”). If GME
Entertainment is affected by a Force Majeure Event, it shall give notice to you, shall
be excused from performance of its obligations hereunder on a day-to-day basis to the
extent those obligations are prevented by the Force Majeure Event, and shall use
reasonable efforts to remove or mitigate the Force Majeure Event.
- Waiver of Rights. GME Entertainment's failure to enforce any
right or provision of these Terms will not be considered a waiver of such right or provision.
The waiver of any such right or provision will be effective only if in writing and signed
by a duly authorized representative of GME Entertainment. Except as expressly set forth in
these Terms, the exercise by either party of any of its remedies under these Terms will be
without prejudice to its other remedies under these Terms or otherwise.
- Miscellaneous. The Site is operated by us in the United States.
Those who choose to access the Site and services therein from locations outside of the United
States do so at their own initiative and are responsible for compliance with applicable local
laws and regulations. You and GME Entertainment agree that the United Nations Convention
on Contracts for the International Sale of Goods shall not apply to the interpretation or
constitution of these Terms. These Terms are written in English (U.S.) only. To the extent
any translated version of these Terms exists and conflicts with this English version, this
English version controls.
23. Contact Information
If you have any questions about these Terms or the Services, please check out our FAQs & Tutorials
, or please complete and submit the “Contact Us” form