GAMESTOP WALLET TERMS OF SERVICE

• 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.

• 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.

• 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.

• 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.

• 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 Networks.
• 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 Networks.
• 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 assets.

• 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 non-commercial use.
• 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 web browsers;
  • 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 regarding same;
  • 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 threatening;
  • Infringe, misappropriate or violate any GameStop Entity's or third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights;
  • 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.

• 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 action.
• 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 Dispute(s).
  • Either party shall have the right to file motions to dismiss and motions for summary judgment/adjudication.
  • 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 arbitrator.
  • 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 law.
• (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 the Services.
• 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 is transmitted.
• 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 Terms.
• 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 damages.
• 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.