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GamerFood, Inc.

 

Terms of Service

 

Last updated: October 15, 2011 

 

1. Agreement between You and GamerFood.

Please read the following terms of service (the “Terms”) carefully. By clicking the “Sign Up” button, you acknowledge that you have read, understood and agree to be bound by these Terms and the terms and conditions of the Privacy Policy when purchasing any products offered by GamerFood, Inc., or its parents, affiliates or subsidiaries (collectively, “GamerFood”), on or through the site located at www.gamerfood.com (the “Site”).

You may browse the Site without registering.  If you decide to purchase any products, you must provide billing and shipping information but do not need to open an account (though you may find that it is more convenient to make future purchases if you do so).  Whether or not you make a purchase or open an account, you agree to these Terms if you are using the Site (anyone using the Site, whether or not the open an account and whether or not they purchase products are referred to as “Users”).  If you do not agree to these Terms, do not use the Site. You acknowledge and agree that GamerFood will treat your use of the Site as acceptance of these Terms from the time you first use the Site.

GamerFood will only use your personal information that you provide to GamerFood in connection with your use of the Site, in accordance with the terms of our privacy policy (the “Privacy Policy”). In this regard, you agree to the then-current version of the Privacy Policy that you can find and read at www.gamerfood.com/magento/index.php/terms. You hereby agree that we may use your personal information in accordance with the terms of the Privacy Policy.

GamerFood may add to, change or remove any part, term or condition of these Terms or the Privacy Policy at any time without prior notice to you. It is your responsibility to check these Terms and the Privacy Policy periodically for changes. By continuing to use the Site, you are indicating your acceptance of such changes. However, we will provide written notice to you of any significant changes to these Terms or the Privacy Policy (including notices posted on the Site or sent to your registered e-mail address).

2. GamerFood Account.

2.1 If you open a GamerFood user account (“Account”) to become a registered user (an “Account Holder”), you will be required to provide the following information to GamerFood: (a) your first and last names; (b) your e-mail address; (c) your PayPal account, credit card, or, if relevant, other financial account information; and (d) such other information as GamerFood may request from time-to-time. GamerFood reserves the right to approve any and all new Accounts.

2.2 By becoming an Account Holder, or by purchasing products from the Site (whether or not an Account Holder) (such individuals referred to as “Buyers”) providing any other information required to purchase products from the Site, you represent and warrant that: (a) all information you submit as an Account Holder or a Buyer are true, accurate, current, and complete; (b) you have the authority to enter into these Terms; (c) you will promptly notify GamerFood if your information changes so that GamerFood can update its records and ensure that your information remains current; and (f) you are aged 18 or older; the Site and the products are not intended for persons under 18. We reserve the right to verify the identity of any User, although we have no obligation to do so.

2.3 You may also access the Site by using your existing Facebook account and Facebook log-in credentials (“Facebook Password”) by utilizing the “Facebook Connect” functionality available on this Site.  Notwithstanding the foregoing, you agree that your use of the Facebook website is governed by the terms and conditions of Facebook’s terms of use and its privacy policy, including, without limitation, Facebook’s password and account security policies related to Facebook Passwords and accounts.

2.4  As an Account Holder, you (i) are solely responsible for maintaining the security and confidentiality of the information you hold for your Account, including, without limitation, your user name and password (including your Facebook Passwords), and for any and all activity that occurs through your Account as a result of your failure to keep this information secure and confidential; (ii) agree to notify GamerFood immediately if you become aware of any unauthorized use of your Account, user name or password (including your Facebook Passwords), or any other breach of security in connection therewith; (iii) may be held liable for losses incurred by GamerFood or any third party due to someone else using your Account, user name or password (including your Facebook Passwords) as a result of your failing to keep your Account information secure and confidential; (iv) are strictly prohibited from using anyone else's Account, user name or password (including their Facebook Passwords) at any time and for any reason; and (v) may not assign, sell or transfer your Account, user name or password (including your Facebook Passwords) to any other person. GamerFood is not liable to any Account Holder or any third party for their failure to comply with his or her obligations under this paragraph.

3. Purchasing Products Through the Site.

3.1 It is your sole responsibility to carry out your own due diligence and research before you purchase any products from GamerFood. GamerFood has no liability to any Buyer or any third party in connection with your purchase of any products through the Site or any Buyer’s use of such products.

3.2 Buyer will purchase products by selecting products and proceeding through the ordering and check-out procedure provided on the Site.  Buyer will pay the applicable purchase price plus applicable Transaction Taxes (defined below) and shipping costs (together the “Payment”) in US dollars using either Buyer’s PayPal account, credit card or by such other payment mechanism as GamerFood may specify from time to time. Buyer is responsible for maintaining up to date PayPal account, credit card or other financial account information. Promptly upon GamerFood’s receipt of the applicable Payment from Buyer, (but in any event, within [two (2) business] days from the date of GamerFood’s receipt of Buyer’s Payment), GamerFood will ship the purchased products, and Buyer can track the shipment of any products through GamerFood’s order status feature.  "Transaction Taxes" means any and all sales, goods and services, use, excise, import, export, value added, consumption and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer or sale of products by GamerFood on or through the Site.

3.3 Any products that you purchase from the Site and GamerFood is for your own personal and non-commercial use only and you may not resell any products that you purchase from the Site and GamerFood. 

3.4  GamerFood may introduce new or additional fees for any or all use of the Site, and change its payment terms, including without limitation, the manner in which Payments are paid to GamerFood, in its discretion; provided however, that such changes will not take effect for any transactions that are underway but have not been completed when such changes are announced. You will be notified of any such changes (including notices posted on the Site or sent to your registered e-mail address). 

4. GamerFood's Proprietary Rights.

4.1 You hereby acknowledge and agree that GamerFood (or its licensors) owns all legal right, title and interest in and to the Site, including, without limitation, all intellectual property or other proprietary rights which subsist in the Site (whether such rights are registered or unregistered, and wherever in the world those rights may exist). As between you and GamerFood, all materials on the Site, including, but not limited to, graphics, user and visual interfaces, images, software, applications, and text, as well as the design, structure, selection, coordination, expression, "look and feel", and arrangement of the Site and its content (except for your Content), and the domain names, trademarks, service marks, proprietary logos and other distinctive brand features found on the Site, are all owned by GamerFood or its licensors.

4.2 Nothing in these Terms gives you any right to use any of GamerFood’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features. All rights not expressly granted by GamerFood under these Terms are reserved. There are no implied rights.

4.3 Subject to your compliance with these Terms, GamerFood hereby grants you a limited, personal, worldwide, royalty-free, non-transferable, non-sublicensable and non-exclusive license to use the Site for your personal use only.

5. Services Use Restrictions.

5.1 You hereby represent and warrant that you will not, and will not permit or induce any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Site or otherwise attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site, or to any GamerFood or any third party server, by hacking, password "mining", or any other illegal means; (b) use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Site; (c) use any device, software or routine to interrupt or interfere, or attempt to interrupt or interfere with, the proper operation and working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site; (d) breach any security measures implemented on the Site; (e) track or seek to trace any information on any other person who visits the Site; (f) forge headers or otherwise manipulate identifiers in order to disguise your identity, or the origin of any message or other communication that you send to GamerFood, any User, or any third party in connection with the Site; (g) pretend that you are, or that you represent, someone else, or impersonate any other person; (h) use the Site for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by these Terms or applicable laws, rules or regulations, including, without limitation, laws applicable to the export of software and data, consumer protection, unfair competition, anti-discrimination or false advertising; (i) upload or otherwise process any malicious content to, or through, the Site; or (j) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to, the Site, or made available to you in connection with the Site.

5.2 You hereby agree that you will notify GamerFood if you become aware that the Site is being used for any illegal or unauthorized purpose.

5.4 You are solely responsible for ensuring that your use of the Site complies with all applicable laws, rules and regulations of the place from where you access the Site and/or use the products purchased from the Site.

6. Your Content & License from You.

6.1 You hereby agree that you are solely responsible and liable for any and all information, data files, written text, computer software, music, audio files or other sounds, photographs, videos, graphics, images, messages, communications, and other content (collectively “Content”) that you collect, upload, store, transmit, display, publish, disclose, or otherwise use in connection with the Site, and for the consequences of your actions in connection with such Content and your use of the Site, and GamerFood’s use of your Content on your behalf.

6.2 Without limiting the foregoing, your Content includes, without limitation: (a) all information you provide as an Account Holder or Buyer and (b) information that you post, display or transmit to other Users and third parties through message systems, discussion boards, message boards, chat-rooms, or other means of communication made available through the Site.

6.3 You agree that GamerFood has no responsibility to you, any User or any third party in connection with your Content. You are solely responsible for any losses or damage suffered by GamerFood, a, User or any third party in connection with your Content. You hereby represent and warrant that you will not collect, store, transmit, publish, provide, or otherwise use any Content in connection with the Site that: (a) violates these Terms; (b) is defamatory, libelous, abusive, illegal, profane, indecent, pornographic, obscene, hateful, offensive, harassing, or threatening in any way; (c) infringes, misappropriates, or otherwise violates any third party’s copyright, trademark, patent, trade secret, or other personal or proprietary right; (d) invades or interferes with the rights of privacy or publicity of any person; (e) contains a virus, malicious code or any other harmful component; or (f) promotes or endorses discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

6.4 You agree to immediately take down, delete or modify any Content that is stored by you through the Site that violates these Terms or any applicable laws, rules, or regulations, including pursuant to a take down, deletion or modification request from GamerFood. GamerFood may, but is not obligated to, monitor Content made available through the Site. In the event that you elect not to comply with a request from GamerFood to take down, delete or modify certain Content, GamerFood reserves the right to directly take down, delete or modify such Content. GamerFood assumes no liability or responsibility arising from your activities in connection with the Site, including, without limitation, Content that you collect, store, transmit, publish, process, disclose, or otherwise use in connection with the Site.

6.5 GamerFood claims no ownership or control over your right, title and interest in your Content. You retain copyright and any other intellectual property and other proprietary rights you already hold in your Content, and you are solely responsible for protecting those rights, as you deem appropriate. By collecting, submitting, storing, transmitting, publishing, displaying, or otherwise using your Content in connection with the Site, you hereby grant GamerFood a worldwide, royalty-free, fully-paid-up, non-exclusive, transferable, sublicensable, perpetual, irrevocable license to reproduce, adapt, reformat, modify, perform, display, distribute, translate, create derivative works from, and otherwise use such Content for the purpose of enabling GamerFood to make the Site available and sell products through the Site, including, without limitation, storing and retrieving the Content, making the Content available through the Site, adapting, reformatting and modifying the Content for technical display and transmission, conforming the Content to the limitation and terms of the Site, and any other use related to the maintenance, provision and improvement of the Site.

6.6 You acknowledge and agree that GamerFood is not liable in any way to you or any third party, for any third party Content made available to you through the Site, including, without limitation, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use or reliance on Content. You agree to evaluate and bear all risks and responsibility associated with the use or reliance on any Content that you obtain through your use of the Services.

7. Message and Discussion Boards. 

7.1 GamerFood may make message boards and/or discussion boards available to Users to promote and encourage open, honest and respectful communication between Users. All Content, whether publicly posted or privately transmitted through a message board or discussion board on the Site, will be the sole responsibility and liability of the posting User. You acknowledge and agree that GamerFood does not control the Content posted or transmitted through any message board or discussion board on the Site, and does not guarantee the accuracy, integrity, quality, or suitability of such posted or transmitted Content. GamerFood does not pre-screen Content posted or transmitted through any message board or discussion board on the Site. GamerFood may, but is not obligated to, monitor the posting activities of Users and may in its sole discretion, edit or remove any Content and/or restrict a User’s ability to post Content through the message boards and discussion boards. By using any message board or discussion board, you understand that you may be exposed to Content that is offensive, indecent or objectionable, and you use such message boards and discussion boards solely at your own risk and GamerFood has no responsibility or liability to you in connection therewith. You should exercise common sense and appropriate caution before posting any of your own personally identifiable information or other confidential information on any message board or discussion board, as such information will be viewable by any User accessing such board, and GamerFood has no responsibility or liability to you in respect of your decision to make your personally identifiable information or other confidential information publicly available through the Site.

7.2 GamerFood may in its sole discretion, enable Buyers to provide feedback and/or ratings concerning the products purchased through the Site. Such feedback and ratings are intended to enable Users to evaluate the products available on the Site, and to help prospective Buyers make product purchase selections. Please use caution and good judgment when providing feedback or ratings, as they will be viewable by all Users. All feedback and ratings that you provide through the feedback and ratings tool, will constitute “Content” and will be governed by the terms applicable to Content in Section 7 and elsewhere in these Terms. Without limiting the foregoing, you may not: (a) post any false, malicious, reckless, abusive, defamatory, offensive, inflammatory, or inappropriate information about any product using the feedback and ratings tool or (b) manipulate feedback and ratings. You are solely and exclusively responsible and liable for all feedback and other ratings that you provide.

8. Feedback.

8.1 If you send or transmit any communications or materials to GamerFood by mail, e-mail, telephone, or otherwise (“Feedback”), suggesting or recommending changes to our Site, including, without limitation, new features or functionality relating thereto, any comments, questions, suggestions, or the like, all such Feedback is, and will be treated as, non-confidential and non-proprietary. This means that you give up any claim that the use of such Feedback by GamerFood or its agents, violates any of your rights including, without limitation, moral rights, privacy rights, proprietary or other property rights, rights of publicity, rights to credit for material or ideas, or any other right, including the right to approve the way GamerFood uses such Feedback.

8.2 You hereby assign all right, title, and interest in, and GamerFood is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You agree and understand that GamerFood is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

9. Copyright Infringement.

9.1 GamerFood respects the intellectual property and other proprietary rights of others and has a policy of removing Content from the Site that infringes third party copyrights and suspending and/or terminating the Account of any Account Holder who uses the Site or in violation of copyright law, and where appropriate, blocking a User’s access to the Site.

9.2 If you are a copyright owner, or an agent thereof, and believe that your work is the subject of copyright infringement and appears on our Site, including, without limitation, displayed on a Storefront, you may submit a notification to us pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our copyright agent (designated below) with the following information in writing: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit GamerFood to locate such material; (d) information reasonably sufficient to permit GamerFood to contact you, such as an address, telephone number, and, if available, an e-mail address; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are, or that you are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed. GamerFood’s designated copyright agent to receive notifications of claimed infringement under the DMCA is:

Attn: DMCA Agent
GamerFood, Inc.
GamerFood, Inc. 
821 Holly Vista Dr.

Pasadena, CA 91105
Tel: (408) 464-0111
E-mail:info@gamerfood.com

 

9.3 Only DMCA or other copyright-related notices should be sent to the copyright agent; any other communications sent to the copyright agent will be destroyed.

10. Other Intellectual Property Rights Infringement

10.1 Please use the procedure specified in Section 10 above for all DMCA- and other copyright- related notices. GamerFood respects the intellectual property and other proprietary rights of others and has a policy of removing Content from the Site that infringes or misappropriates the intellectual property rights of others, and suspending and/or terminating the Account of any user who uses the Site in violation of any laws applicable to the protection of intellectual property rights, and where appropriate, blocking such user’s access to the Site.

10.2 If you are the owner of an intellectual property right, and believe that your intellectual property right is the subject of infringement or misappropriation and appears on our Site, you may submit a notification to us by providing our intellectual property rights agent (designated below) with the following information in writing: (a) your physical or electronic signature; (b) identification of the intellectual property right claimed to have been infringed or misappropriated; (c) identification of the material that is claimed to be infringing or misappropriating or to be the subject of infringing or misappropriating activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit GamerFood to locate such material; (d) information reasonably sufficient to permit GamerFood to contact you, such as an address, telephone number, and, if available, an e-mail address; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you as the owner of the intellectual property right in question, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are, the owner of the intellectual property right that is allegedly infringed. GamerFood’s designated intellectual property rights agent to receive notifications of claimed infringement or misappropriation under this Section 10 is:

Attn: IP Agent
GamerFood, Inc.
GamerFood, Inc.
821 Holly Vista Dr.

Pasadena, CA 91105
Tel: (408) 464-0111
E-mail:info@gamerfood.com

11.3 Only intellectual property rights-related notices should be sent to the intellectual property rights agent; any other communications sent to the intellectual property rights agent will be destroyed. DMCA and other copyright-related notices should be sent to the copyright agent designated in Section 9.3 above.

11. Site Availability & Support.

11.1 GamerFood does not make any representations or guarantees regarding uptime or availability of the Site. The Site may be unavailable at certain times, including during any unanticipated or unscheduled downtime or unavailability of all or any portion of the Site for any reason. GamerFood will use commercially reasonable efforts, circumstances permitting, to provide information regarding any such unavailability of the Site and the restoration of use of, and access to, the Site following any interruption, including by information posted on the Site or sent to your registered e-mail address.

11.3 GamerFood may temporarily suspend your access to any portion or all of the Site and your Content if GamerFood reasonably determines that: (a) there is a threat or attack on the Site (including a denial of service attack) or other event that may create a risk to the Site, you or any other User; (b) your use of the Site or your Content disrupts or poses a security risk to the Site or any other User, may harm GamerFood’s systems or any other User, or may subject GamerFood or any third party to liability; (c) you are using the Site for fraudulent or illegal activities; or (d) you are using the Site or other GamerFood property in breach of these Terms; (collectively, "Services Suspensions"). GamerFood will use commercially reasonable efforts, circumstances permitting, to provide written notice of any Services Suspension to you (including notices posted on the Site or sent to your registered e-mail address) and to provide updates regarding resumption (if any) of the Site following any Services Suspension. GamerFood will have no liability for any damage, liabilities, losses (including, without limitation, any loss of data or profits) or any other consequences that you or any third party may incur as a result of any Services Suspension.

11.4 GamerFood will provide customer service and support to you to the extent such support is generally made available without charge to other users of the Site.

12. Security.  GamerFood will use commercially reasonable efforts to establish and maintain administrative, technical and physical safeguards in connection with GamerFood’s internal data center facilities, servers, networking equipment, and host software systems that are within GamerFood’s reasonable control, and that are used to provide the Site, that are designed to: (a) protect the security and integrity of the GamerFood network; (b) guard against anticipated threats or hazards to the security and integrity of the GamerFood network; and (c) protect against the accidental or unauthorized access, use, alteration or disclosure of your Content. The safeguards will be at least equal to the generally accepted security standards within the information technology industry.

13. Limited Warranties and Disclaimer.

13.1  GamerFood wants to make the purchase of products from the Site a RISK Free experience.  If you do not like the products you purchase for any reason, send the product it back to GamerFood within thirty (30) days after your receive it, and order another product of the same size or equivalent price for free.  Please securely repack the remainder of the product you are returning, include the reason for the return and if you still have it, the original packing slip, and return it by regular first class mail, postage prepaid by you to:  GamerFood Returns, 4895 West 147th Street, Hawthorne, California 90250.  Once we receive it, we will email you with a code that you can use to purchase your replacement product; we will email you at the email address you provided with the original purchase.  EXCEPT AS EXPRESSLY PROVIDED ABOVE, YOUR USE OF THE SITE IS AND YOUR PURCHASE OF THE PRODUCTS IS ENTIRELY AT YOUR OWN DISCRETION AND RISK. THE SITE AND PRODUCTS ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. GAMERFOOD, ON BEHALF OF ITSELF, AND ON BEHALF OF ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS, AND THIRD PARTY SERVICE PROVIDERS, AND GAMERFOOD’S AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS, (COLLECTIVELY, THE “GAMERFOOD PARTIES”): (A) EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND (B) DOES NOT WARRANT THAT THE SITE OR PRODUCTS PROVIDED THROUGH THE SITE, WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE WILL BE TIMELY, UNINTERRUPTED, STABLE, SECURE, OR ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY PRODUCTS THAT YOU OBTAIN FROM GAMERFOOD.

13.2 THIS LIMITATION OF REMEDIES IS A PART OF THE BARGAIN BETWEEN YOU AND GAMERFOOD.

13.3
NOTHING IN THESE TERMS, THIS SECTION 14, OR SECTION 15 BELOW, SHALL EXCLUDE OR LIMIT GAMERFOOD’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. 

 

14. Limitation of Liability.

14.1 SUBJECT TO SECTION 13.3 ABOVE, IN NO EVENT WILL GAMERFOOD OR THE GAMERFOOD PARTIES BE LIABLE TO ANY USER OR ANY THIRD PARTY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES IN CONNECTION WITH, ARISING OUT OF, OR RELATING TO, THE USE OF ANY PRODUCTS YOU PURCHASE FROM GAMERFOOD, OR FOR ANY OTHER REASON OF ANY KIND, WHETHER BASED ON CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY), EVEN IF GAMERFOOD OR THE GAMERFOOD PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.2 GAMERFOOD AND THE GAMERFOOD PARTIES WILL NOT BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY RELATED TO THE SITE OR PRODUCTS. IF, NOTWITHSTANDING THE FOREGOING, GAMERFOOD OR ONE OF THE GAMERFOOD PARTIES IS FOUND TO BE LIABLE TO A USER OR ANY THIRD PARTY FOR ANY DAMAGE OR LOSS WHICH ARISES UNDER OR IN CONNECTION WITH THESE TERMS, THE SITE OR ANY PRODUCT, GAMERFOOD OR THE RELEVANT GAMERFOOD PARTY'S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE AMOUNTS THAT YOU PAID FOR THE PRODUCT THAT IS THE CAUSE OF THE CLAIM.

14.3  GAMERFOOD WILL NOT BE, AND NO GAMERFOOD PARTIES WILL BE, LIABLE FOR ANY DEATH OR PERSONAL INJURY THAT RESULTS FROM YOUR USE OF THE PRODUCTS OR ANY ACTIVITIES THAT YOU ENGAGE IN WHILE USING OR CONSUMING THE PRODUCTS.  GAMERFOOD DOES NOT MANUFACTURE OR PRODUCE THE PRODUCTS AND IS ONLY ACTING AS A DISTRIBUTOR OR RESELLER OF THE PRODUCTS.

16. Release.  You hereby release GamerFood and each of the GamerFood Parties from and against any and all demands, claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses of any kind, including but not limited to, personal injuries, death and property damage, that arise from, out of, or in connection with, or incident to, directly or indirectly, the use of the Site, any products purchased or made available through the Site and/or Content. 

17. Governing Law and Venue.  These Terms will be construed and enforced in all respects in accordance with the laws of the State of California, without reference to its choice of law rules.  Except as set forth below in this paragraph, the federal and state courts seated in Los Angeles County, California, shall have sole and exclusive jurisdiction for all purposes in connection with any action or proceeding that arises from, or relates to, these Terms and you hereby irrevocably waive any objection to such exclusive jurisdiction.  Notwithstanding the foregoing, GamerFood may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its proprietary and other rights, and you hereby submit to the exclusive jurisdiction of such courts and irrevocably waive any objection thereto on the basis of improper venue, inconvenience of the forum or any other grounds.  You agree that your breach of these Terms may result in immediate and irreparable damage to GamerFood for which there is no adequate remedy at law.  The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms, including, without limitation, the Products, the Content and Site.  Furthermore, these Terms (including without limitation, the Products, Content and Site) will not be governed or interpreted in any way by referring to any law based on the Uniform Computer Information Transactions Act (UCITA) or any other act derived from or related to UCITA.  To the greatest extent permitted by applicable law, any cause of action arising under these Terms must be commenced by you within one (1) year after the claim or cause of action arises.  

 

18. Third Party Web Sites.  The Site and Services may provide links to other web sites that are not owned or operated by GamerFood (“Third Party Web Sites”). GamerFood provides these links to you as a convenience only, and GamerFood does not verify, make any representations concerning, or take responsibility for, such Third Party Web Sites, or the products or services offered through such Third Party Web Sites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content of, or activities conducted on, such Third Party Web Sites. You should use your own independent judgment before accessing and using such Third Party Web Sites, or products or services offered through such Third Party Web Sites.  These Terms and the Privacy Policy do not apply to such Third-Party Web Sites, and you should review such Third Party Web Sites’ privacy policies, terms and conditions and business practices as they may be different to those of GamerFood and it is your sole responsibility to comply with such terms. Your dealings and communications with any third party in connection with the Third Party Web Sites are solely between you and such third party.  Any reference on the Site, or through the Services, to any product, process, publication or service of any third party, by trade name, domain name, trademark, trade identity, service mark, logo, manufacturer or otherwise, does not constitute or imply GamerFood’s endorsement or recommendation thereof, and your use of any Third Party Web Sites and third party product, process, publication, or service is entirely at your own risk.

19. Miscellaneous Legal Terms.  These Terms and the Privacy Policy, together constitute the entire agreement between you and GamerFood with respect to the Site, and completely supersedes, cancels and replaces any and all other written or oral agreements or understandings previously existing between you and GamerFood with respect to the Site.  The failure of GamerFood to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.  If any part of these Terms is held invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permissible so as to maintain the intent of these Terms, and the other parts will remain in full force and effect.  Any notice or other communications by GamerFood relating to the Site may be made by letter, e-mail or posting on the Site, and you hereby consent to receive notices and other communications in electronic form to the extent permitted by applicable law.  GamerFood may assign or transfer its rights, or delegate any performance, under these Terms to a third party in its sole discretion. You may not assign or otherwise transfer your rights, or delegate your performance, under these Terms to any third party without in each and every case, GamerFood’s express prior written consent.  GamerFood will not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of the common enemy, earthquake, fire, flood or other acts of God, the elements, epidemics, labor conditions, power failures, Internet disturbances, or other force majeure event.  You may not access the Site if you are a direct competitor of GamerFood’s, except with our prior written consent. In addition, you may not access the Site for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

20.  Term and Termination.  GamerFood reserves the right to modify, interrupt, suspend or terminate the operation of, or access to, the Site at any time, without notice to you for any or no reason in its sole discretion.  In addition, GamerFood may suspend and/or terminate your access to the Site (which will include the termination or suspension of your ability to access Your Content), cancel your Account, and/or block your future access to the Site, without notice, if you fail to comply with these Terms, and in such event, you must cease using the Site.  In addition, GamerFood may notify the relevant law enforcement authorities or other third parties, of any illegal or other prohibited conduct by you.  You may stop using the Site at any time, which includes without limitation, refraining from accessing or using the Site.  You may terminate your account by notifying GamerFood at the address below.  Upon receipt of your termination request, GamerFood may request that you provide a reason for termination or other Feedback on the Site; you are however under no obligation to do so.  Upon termination of your use of the Site, you will be unable to access Your Content which will in GamerFood’s discretion, be deleted, and you will have no recourse against the GamerFood Parties for your inability to use the Site.  Any of your obligations under these Terms which by their nature are intended to survive the termination of your use of the Site shall continue to apply to you after you cease to use the Site.   

 

21.  Contact Us.  You may contact us at the addresses set forth below.  However, we regret that we are unable to respond to all enquiries that we receive.  Please note that contacting GamerFood does not mean that we have any special relationship with, or responsibility to, you.  Also, internet transmissions are never completely private or secure.  You understand that any message or information you send to GamerFood electronically may be read or intercepted by others, unless there is a special notice that a particular message is encrypted (sent in code).  You acknowledge that you send such electronic messages at your own risk.

GamerFood, Inc.

821 HollyVista Dr.

Pasadena, CA 91105

888-778-3035

info@gamerfood.com

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