TERMS AND CONDITIONS
Terms and Conditions
This site is owned and/or operated by Drift Gamers Marketplace.com, and provides its services to you subject to the following conditions. By registering an account with Drift Gamers Marketplace, if you sell or shop at www.DriftGamersMarketplace.com, you acknowledge and accept that you shall be governed the following conditions.
The Company reserves the right to change the terms, conditions, and notices under which its websites and services are offered, including but not limited to the charges associated with the use of the Company’s websites and services. You are responsible for regularly reviewing these terms and conditions and any additional terms and conditions. Your continued use of the Company’s websites and services constitutes your agreement to all such terms, conditions, . Please read them carefully.
1.Account & Personal Information
When you register with us on this site, you are required to provide Personal Information, which may include name, address, telephone number, e-mail address or ID card. We use this information so that we may contact you about the services and products on the site(s) in which you have expressed interest or requested and to facilitate the completion of an order.
We will never let your personal information out, and you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Company’s services only with involvement of a parent or guardian. The Company and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Drift Gamers Marketplace may suspend or terminate a Registered User’s Account at any time if:
1.1 In Drift Gamers Marketplace’ sole and absolute determination, there is any breach of the provisions of this Agreement by the Registered User;
1.2 Drift Gamers Marketplace has reasonable grounds to suspect that information provided by a Registered User is untrue, inaccurate or is not current or complete;
1.3 Drift Gamers Marketplace believes that User conduct is harmful to the interests of Drift Gamers Marketplace, its employees, directors, affiliates, or other Users;
1.4 For any other reason in Drift Gamers Marketplace’ sole and absolute discretion.
The Company uses both session ID cookies and persistent cookies as part of its interaction with your browser. A cookie is an alphanumeric identifier (a file) that the Company’s web sites transfer to your computer’s hard drive through a web browser to enable its systems to recognize your browser for record-keeping purposes. A session ID cookie expires when you close your browser, while a persistent cookie remains on your hard drive for an extended period of time.
We use session ID cookies to make it easier for you to navigate the our web sites. We use persistent cookies to identify and track which sections of its web site you most often visit. We also use persistent cookies in areas of its web site where you must register, and where you are able to customize the information you see, so that you don’t have to enter your preferences more than once.
3.Selling on Drift Gamers Marketplace
3.1 – You must be a Registered User in order to post information on the Site using the self–help submit and edit tools provided by the Site.
3.2 – No sales agency relationship is created between any User and Drift Gamers Marketplace, its affiliates, directors, officers or employees by virtue of Drift Gamers Marketplace’ display of any of the User’s information on the Site.
3.3 – Each User hereby represents, warrants and agrees:
That any information provided by the User to be displayed on the Site is true, accurate, current and complete; and it will maintain and promptly amend all information to keep it true, accurate, current and complete.
3.4 – Prohibited behavior. Each User hereby represents, warrants and agrees that information submitted to Drift Gamers Marketplace for display on the Site shall not:
Contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
Be part of a scheme to defraud other Users of the Site or for any other unlawful purpose;
Relate to the sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any Third Party Rights;
Violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
Be defamatory, libelous, unlawfully threatening or unlawfully harassing;
Be obscene or contain or infer any pornography or sex-related merchandising or any other content that otherwise promotes sexually explicit materials or is otherwise harmful to minors;
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
Contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming);
Solicit business from any Users in connection with a commercial activity that competes with Drift Gamers Marketplace.
Contain any computer viruses, Trojan horses, worms or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data, or personal information;
Link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement; Or otherwise create any liability for Drift Gamers Marketplace, its employees, directors or its affiliates.
3.5 – Third Party Rights. Each User hereby represents, warrants and agrees that it has obtained all necessary third party copyright, trademark, trade secret or patent licenses and permissions, or such other licenses or permissions as may be required in connection with any other personal or proprietary rights of any third party (including but not limited to rights of personality and rights of privacy), for any material or information it posts on the Site or provides to Drift Gamers Marketplace or authorizes Drift Gamers Marketplace to display. Each User hereby represents, warrants and agrees that it shall be solely responsible for ensuring that any material or information it posts on the Site or provides to Drift Gamers Marketplace or authorizes Drift Gamers Marketplace to display does not, and that the products represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such rights. Each User hereby represents, warrants and agrees that it has the right to manufacture, offer, sell, import and distribute the products it offers and displays on the Site, and that such manufacture, offer, sale, importation and/or distribution of those products violates no Third Party Rights.
3.6 – Grant of license. Each User hereby grants an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers), assignable license to Drift Gamers Marketplace and its affiliates to display and use all information provided by such User in accordance with the purposes set forth in this Agreement and to exercise the rights you have in such material or information, including, but not limited to, copyright, publicity, and database rights, in any media now known or not currently known.
3.7 – Removal of Material. Drift Gamers Marketplace reserves the right in its sole and absolute discretion to remove any material displayed on the Site, including material which it believes in its sole and absolute discretion is unlawful, could subject Drift Gamers Marketplace to liability, violates this Agreement, or is otherwise deemed inappropriate.
3.8 – Drift Gamers Marketplace reserves the right to cooperate fully with governmental authorities, private investigators.
4.Transactions between Buyers and Sellers
4.1 – General. Drift Gamers Marketplace provides an electronic web–based platform for exchanging information between buyers (“Buyer”) and sellers (“Seller”) of products and services.
4.2 – Users are solely responsible for all of the terms and conditions of the transactions conducted on, through, or as a result of use of the Site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
4.3 – Drift Gamers Marketplace does not represent the Seller or the Buyer in specific transactions, nor does Drift Gamers Marketplace act as an agent for either Seller or Buyer. Drift Gamers Marketplace does not control and is not liable to or responsible for the quality, safety, lawfulness, or availability of the products or services offered for sale on the Site, the ability of Sellers to complete a sale, or the ability of Buyers to complete a purchase. Users are hereby made aware that there may be risks of dealing with other Users acting under false pretenses. Drift Gamers Marketplace uses several techniques to verify the accuracy of the information our Users provide to us when they register on the Site. However, because User verification on the Internet is complex and problematic, Drift Gamers Marketplace cannot and does not confirm each User’s purported identity. We encourage you to use the various tools available on the Site, as well as common sense, to evaluate with whom you are dealing.
4.4 – Assumption of Risks. Each User acknowledges that it is fully assuming all Transaction Risks when using the Site to conduct transactions, and that it is fully assuming the risks of liability or harm of any kind in connection with using the Site. Each User agrees that Drift Gamers Marketplace shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions, or expenditures of any kind that may arise as a result of or in connection with any Transaction Risks.
4.5 Taxes. Users shall pay all sales and use taxes and all other taxes arising from their use of the Site.
The fees we charge for using our Services are listed on our Seller Fees & Disbursements page. Drift Gamers Marketplace may change its fees from time to time by posting the changes on the Site, but with no advance notice required.
6.Disputes between Users
6.1 – Drift Gamers Marketplace as Arbitrator. In the event that any User has a dispute with any other User with regard to a transaction on the Site, such User agrees to submit the dispute to Drift Gamers Marketplace as the arbitrator for final and binding judgment. In order to allow Drift Gamers Marketplace to fairly and reasonably conduct investigations, Users agree to refrain from seeking third party arbitration while an order is still open or pending. Users who seek third party intervention (with the exception of Government Investigative Authorities) will be seen as interfering with the investigative process and attempting to force a decision in their favor. Drift Gamers Marketplace reserves the right to suspend or permanently ban Users who attempt to interfere with standard operating procedures for orders which are still active or pending.
6.2 – Obligation to Reimburse. If a Seller is required to reimburse the Buyer or Drift Gamers Marketplace, the Seller authorizes Drift Gamers Marketplace to remove the reimbursement amount (in same or other currency) from their designated payment method (i.e. PayPal etc.) on Drift Gamers Marketplace. The Seller is required to have a valid payment method on file. If there are insufficient funds in the account, the Seller authorizes Drift Gamers Marketplace to charge any reimbursement amount owed to the payment method on file. Drift Gamers Marketplace may also place the reimbursement amount on the Seller’s invoice. If Seller does not provide Drift Gamers Marketplace with a valid payment method, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies.
6.3 – Fines. In the rare event that Drift Gamers Marketplace determines that a dispute between Users is due to a User’s breach of this User Agreement, the breaching User authorizes Drift Gamers Marketplace to levy a fine against the User’s payment method, up to $150.00. In addition, Drift Gamers Marketplace may suspend or ban the User’s Account.
6.4 – Release. If you have a dispute with one or more Users, you agree to release and indemnify Drift Gamers Marketplace and its officers, directors, employees, agents, affiliates, and subsidiaries from all claims, demands, actions, proceedings, costs, expenses and damages, including without limitation any actual, special, incidental or consequential damages of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims that you may know or suspect to exist in your favor at the time of agreeing to this release.
7. Disclaimer of Warranties; Limitation of Liability
7.1 – THE FEATURES AND SERVICES ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND Drift Gamers Marketplace HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.
7.2 – Drift Gamers Marketplace MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE. Drift Gamers Marketplace DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND Drift Gamers Marketplace MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITE.
7.3 – Any material downloaded or otherwise obtained through the Site is done at each User’s sole discretion and risk, and each User is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from Drift Gamers Marketplace or through or from the Site shall create any warranty not expressly stated herein.
7.4 – Force Majeure. Under no circumstances shall Drift Gamers Marketplace be held liable for any delay, failure, or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or nonperformance of third parties.
7.5 – Each User hereby agrees to indemnify and hold harmless Drift Gamers Marketplace, its affiliates, directors, officers, and employees, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly:
From such User’s use of the Site, including but not limited to the display of such User’s information on the Site;
From such User’s breach of any of the terms and conditions of this Agreement;
As a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site.
7.6 – Drift Gamers Marketplace and its affiliates, directors, officers and employees shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise, or any other
damages resulting from any of the following:
The use or the inability to use the Site;
Any defect in goods, samples, data, information or services purchased or obtained from a User or a third-party service provider through the Site;
Any claims or demands that User’s manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may
be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
Unauthorized access by third parties to data or private information of any User;
Statements, conduct, or material posted by Users of the Site, including defamatory, offensive or illicit material; or any other matter relating to the Site.
7.7 – Right to assume defense and control. Drift Gamers Marketplace reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Drift Gamers Marketplace in asserting any available defenses.
7.8 – Drift Gamers Marketplace reserves the right to limit, deny or create different access to the Site and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. Each User acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall Drift Gamers Marketplace or any of its affiliates, directors, officers, or employees be liable to the User or to any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise).
7.9 – Third-Party Content. Drift Gamers Marketplace is not the author of Third Party Content, whether contributed by anonymous users or paid content providers. Neither Drift Gamers Marketplace nor any of its affiliates, directors, officers or employees has entered into any sales agency relationship with such third party by virtue of our display of Third Party Content on the Site. Any Third Party Content is the sole responsibility of the party who provided the content. Neither Drift Gamers Marketplace nor any of its affiliates, directors, officers or employees is responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User’s reliance on such Third Party Content. In addition, neither Drift Gamers Marketplace nor any of its affiliates, directors, officers or employees is responsible for the conduct of any User’s activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User’s conduct.
7.10 – Third-Party Websites. Drift Gamers Marketplace may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party’s website. User acknowledges that Drift Gamers Marketplace has no control over such third party websites, does not monitor such websites, and neither Drift Gamers Marketplace nor any of its affiliates, directors, officers or employees shall be responsible or liable to anyone for such website, or any content, products or services made available on such website. User is cautioned to read such websites’ terms and conditions and privacy policies before using such third party websites in order to be aware of the terms and conditions of your use of such websites.
7.11 – Regardless of the previous provisions, if Drift Gamers Marketplace is found to have liability, its liability is limited to the greater of a) the amount of the specific transaction in dispute, b) the amount of fees in dispute not to exceed the total fees which User paid to Drift Gamers Marketplace in the 12 months prior to the action giving rise to the liability, or c) $100.
8.2 – Drift Gamers Marketplace and the User are independent contractors, and no agency, partnership, joint venture, employee–employer, or franchiser–franchisee relationship is intended or created by this Agreement.
8.3 – The failure of Drift Gamers Marketplace to exercise or enforce any right or provision of the terms of this Agreement shall not constitute a waiver of such right or provision.
8.4 – If any provision herein is held to be invalid or unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions of this Agreement.
8.5 – User agrees that there shall be no third party beneficiaries to this agreement.
8.6 – Headings are for reference purposes only, and in no way define, limit, construe or describe the scope or extent of such section.