Your gamBit User Agreement
The following describes the terms on which gambit.com Corp. offers you access to our services.
Introduction
Welcome to gamBit. By using or accessing gamBit (including gamBit.com and any related sites, services, products or tools), you agree to the following terms.
This Agreement is effective now and shall remain effective until modified by us, with our without prior notice.
Scope
Before you may become a member of gambit or visit, use or access gambit.com or any of its websites, you must read and accept all of the terms in, and linked to, this User Agreement and the gamBit Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you agree that this User Agreement and Privacy Policy will apply whenever you use or access gamBit sites or services, when you use the tools we make available to interact with gamBit sites and services or when you buy, sell or lease an product of service on or through any of our sites. If you use another gamBit site, you agree to accept the User Agreement and Privacy Policy applicable to that site. Some gamBit sites, services, and tools may have additional or other terms that we provide to you when you use those sites, services, or tools.
Using gamBit.com
While using gamBit.com sites, services and tools, you will not:
- • post content or items in an inappropriate category or areas on our sites and services;
- • violate any laws, third-party rights or our policies, such as the prohibited and restricted items policies or buy or sell any product or service that may not be sold in this manner or that requires a license or approval;
- • use our sites, services, or tools if you are not able to form legally binding contracts, are under the age of 18 or are temporarily or indefinitely suspended from using our sites, services or tools;
- • fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description or you cannot authenticate the seller's identity;
- • fail to deliver items purchased from you, unless the buyer fails to meet the posted terms or you cannot authenticate the buyer's identity;
- • manipulate the price of any item or interfere with other users' listings;
- • circumvent or manipulate our fee structure, the billing process or fees owed to gamBit;
- • post false, inaccurate, misleading, defamatory or libelous content (including personal information);
- • take any action that may undermine any feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to gamBit);
- • transfer your gamBit account (including Feedback) and user ID to another party without our consent;
- • distribute or post spam, unsolicited, or bulk electronic communications, chain letters or pyramid schemes;
- • distribute viruses or any other technologies that may harm gamBit or the interests or property of gamBit users;
- • export or re-export any gamBit tools except in compliance with the export control laws of any relevant jurisdictions;
- • copy, modify or distribute rights or content from the gamBit sites, service, or tools or gamBit's copyrights and trademarks; or
- • harvest or otherwise collect information about users, including email addresses, without their consent.
Abusing gamBit.com
gamBit and the Community work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content and policy violations to us.
Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our sites and their content, services or tools, delay or remove hosted content and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue gamBit sites, services or tools.
Buyer Protection
Buyers and sellers share the responsibility for making sure purchases facilitated by gamBit are exciting, rewarding, and hassle-free. We strongly encourage buyers to work with sellers before opening a claim relating to a purchase.
We require gamBit sellers and buyers to comply with our resolution process. Sellers permit us to make a final decision, in our sole discretion, on any claim that a buyer files with gambit [under the gamBit Buyer Protection Policy]. If we resolve a dispute in the buyer's favor, we may refund the buyer for the cost of the item and the original shipping, and if so we will require the seller to reimburse us for the refund.
- • Sellers must have a reimbursement method on file with gamBit.
For future claims where the seller is found at fault, we will notify the seller and continue to charge the sellers’ preferred method for any reimbursements made [under the gamBit Buyer Protection Policy]. Changing a reimbursement method will not affect gamBit's use of a payment method on file for other purposes (such as payment of your gamBit fees). If sellers do not provide gamBit with a valid reimbursement method, we may collect amounts owed using other collection mechanisms, including retaining collection agencies. We may also suspend or restrict sellers from trading on our sites until payment is made.
Fees and Services
Joining gamBit and making proposals on listed items is free. We do charge fees for using other services, such as listing items. When you list an item or use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. Changes to that schedule are effective after we provide you with at least 14 days' notice by posting the changes on the gamBit site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.
Content
When you give us content or directly or indirectly post, upload or make available any content, including images, text, products and designs (“Content”) to or through any of our sites, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise any and all copyright, trademark, trade secret, patent, publicity and database rights you have in the content, in any media known now or in the future. You also represent that you are the sole owner of all such content.
For the convenience of sellers, we may offer catalogs of stock images, descriptions, and product specifications that are provided by third parties (including gamBit users). You may use catalog content solely in connection with your gamBit listings during the time your listings are on gamBit's sites.
While we try to offer reliable data, we cannot promise that the catalogs or other information available on or through our sites will be accurate and up-to-date, and you agree not to hold our catalog content providers or us responsible for inaccuracies. If you choose to include catalog or other content in your listings, you continue to be fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information, and comply with this User Agreement and all gamBit policies. The catalogs may include copyrighted, trademarked, or other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings included with the catalogs or create any derivative works based on catalog content (other than by including them in your listings).
Limitation of Liability
You will not hold gambit or its officers, agents, employees, attorneys or consultnats responsible for other users' content, actions or inactions, items they list, buy or sell or their destruction of allegedly fake items. You acknowledge that we are not a traditional auctioneer. Instead, our sites are venues to allow others to offer, sell, and buy products or services. We are not involved in the actual transaction between buyers and sellers. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the quality, safety, or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item.
We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2), unless the buyer and the seller agree otherwise. Further, we cannot guarantee continuous or secure access to our sites, services, or tools, and operation of our sites, services, or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites, services, and tools.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees (under gamBit Fees and Services) you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.
Release
If you have a dispute with any one or more users or with any person relating to any product or service offered, bought or sold on or through our sites, you release us (and our officers, directors, agents, attorneys, consultants, affiliates, representatives, subsidiaries, joint ventures, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Access and Interference
The sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to gamBit by our users or third parties. You agree that you will not use any robot, spider, scraper, or other automated means to access the sites for any purpose without our express handwritten permission.
Additionally, you agree that you will not:
- • take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- • copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from the sites without the prior express written permission of gamBit and the appropriate third party, as applicable;
- • interfere or attempt to interfere with the proper working of the sites, services, or tools, or any activities conducted on or with the sites, services, or tools; or
- • bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.
Privacy
We use your information only as described in the gamBit Privacy Policy. If you object to your information being transferred or used as provided in this policy, please do not use our services.
Indemnity
You will indemnify and hold us (and our officers, directors, attorneys, representatives, consultants, affiliates, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, your use of or access to any of our sites, your posting or uploading of any Content or your violation of any law or the rights of a third party.
No Agency
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement or by your use of any of our sites.
Notices
Except as explicitly stated otherwise, legal notices shall be served on gamBit's registered agent (in the case of gamBit) or to the email address you provide to gamBit during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Resolution of Disputes
If a dispute arises between you and gamBit, you and gamBit agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the Contacting Customer Support help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
- • Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against gamBit must be resolved exclusively by a state or federal court located in Santa Clara County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California for the purpose of litigating all such claims or disputes.
- • Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- • Improperly Filed Claims - All claims you bring against gamBit must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, gamBit may recover attorneys' fees and costs up to $1000, provided that gamBit has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
General
gamBit.com Corp. is located at 1101So. Winchester Blvd, Suite J-217, San Jose, CA 95125. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others doesn't waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective when they are posted. This Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, a “writing” doesn't include an email message and a signature doesn't include an electronic signature.
This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Resolution of Disputes.
In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Summary of our Privacy Policy
This policy tells you about how we use and protect your personal information.
Contents
Scope
This Privacy Policy describes how we handle your personal information.
By accepting the Privacy Policy and the User Agreement in registration, you expressly consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy. This Privacy Policy is effective immediately.
Collection
Once you give us your personal information, you are not anonymous to us. If you choose to provide us with personal information, you consent to the transfer and storage of that information on our servers, regardless of where they are located.
We may collect and store the following personal information:
- • email address, physical contact information, and (depending on the service used) sometimes financial information, such as credit card or bank account numbers;
- • transactional information based on your activities on the sites;
- • shipping, billing and other information you provide to purchase or ship an item;
- • community discussions, chats, dispute resolution, correspondence through our sites, and correspondence sent to us;
- • other information from your interaction with our sites, services, content and advertising, including computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information;
- • additional information we ask you to submit to authenticate yourself or if we believe you are violating site policies (for example, we may ask you to send us an ID or bill to verify your address, or to answer additional questions online to help verify your identity or ownership of an item you list);
- • information from other companies, such as demographic and navigation data; and
- • other supplemental information from third parties (for example, if you incur a debt to gamBit, we will generally conduct a credit check by obtaining additional information about you from a credit bureau, as permitted by law).
Marketing
We may combine your information with information we collect from other companies and use it to improve and personalize our services, content and advertising.
Use
Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. You agree that we may use your personal information to:
- • provide the services and customer support you request;
- • resolve disputes, collect fees, and troubleshoot problems;
- • prevent potentially prohibited or illegal activities, and enforce our User Agreement;
- • customize, measure and improve our services, content and advertising;
- • tell you about our services and those of our corporate family, targeted marketing, service updates, and promotional offers based on your communication preferences; and
- • compare information for accuracy, and verify it with third parties.
Our Disclosure of Your Information
We may disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone's rights, property, or safety. Such information will be disclosed in accordance with applicable laws and regulations.
We may also share your personal information with:
- • Service providers who help with our business operations (such as fraud investigations, bill collection, affiliate and rewards programs and co-branded credit cards).
- • Other third parties to whom you ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service).
- • Law enforcement or other governmental officials, in response to a verified request relating to a criminal investigation or alleged illegal activity. In such events, we will disclose information relevant to the investigation, such as name, city, state, zip code, telephone number, email address, User ID history, IP address, fraud complaints.
- • As we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy or other unlawful activity.
- • Other business entities, should we plan to merge with or be acquired by that business entity.
Information You Share on gamBit
Your User ID or similar identifiers may be displayed throughout gamBit (and so available to the public) and connected to all of your gamBit activity. Notices sent to other community members about suspicious activity and policy violations on our sites may refer to User IDs and specific items. So if you associate your name with your User ID, the people to whom you have revealed your name will be able to personally identify your gamBit activities.
If you access our sites from a shared computer or a computer in an internet café, certain information about you, such as your User ID, activity or reminders from gamBit, may also be visible to other individuals who use the computer after you.
Using Information from gamBit
gamBit enables you to share personal and financial information to complete transactions. We encourage you to disclose your privacy practices and respect the privacy of other users. We cannot guarantee the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partner before entering into a transaction and choosing to share your information. When users are involved in a transaction, they may have access to each other's name, User ID, email address and other contact and shipping information. In all cases, you must give other users a chance to remove themselves from your database and a chance to review what information you have collected about them.
You agree to use user information only for:
- • gamBit transaction-related purposes that are not unsolicited commercial messages;
- • using services offered through gamBit (such as escrow, shipping and fraud complaints), or
- • other purposes that a user expressly chooses.
Cookies
We use "cookies" (small files placed on your hard drive) on certain of our pages to help analyze our web page flow; customize our services, content and advertising; measure promotional effectiveness, and promote trust and safety.
A few important things you should know about cookies are that:
- • We offer certain features that are available only through the use of cookies.
- • We use cookies to help identify you and maintain your signed-in status.
- • Most cookies are "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session.
- • You are always free to decline our cookies if your browser permits, although doing so may interfere with your use of some of our sites or services.
- • You may encounter cookies from third parties on certain pages of the sites that we do not control. (For example, if you view a web page created by another user, there may be a cookie placed by that web page.)
No Spam, Spyware or Spoofing
We and our users do not tolerate spam. You are not licensed to add other gamBit users, even a user who has purchased an item from you, to your mailing list (email or physical mail) without their express consent. You may not use our communication tools to send spam or otherwise send content that would violate our User Agreement. We may scan and filter messages to check for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content, but we do not permanently store messages sent through these tools.
Account Protection
If you share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify gamBit and change your password.
Accessing, Reviewing and Changing Your Personal Information
You must promptly update your personal information if it changes or is inaccurate. Once you make a public posting, you may not be able to change or remove it. We may retain personal information from closed accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our gamBit User Agreement, and take other actions otherwise permitted by law.
Security
Your information may be stored on our servers. Third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the site. Therefore, we do not promise, and you should not expect, that your personal information or private communications will always remain private.
Third Parties
Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to others, different rules may apply to their use or disclosure of the information you disclose to them. gamBit does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to ask questions before you disclose your personal information to others.
General
We may amend this Privacy Policy at any time by posting the amended terms on this site. All amended terms automatically take effect when posted on the site. If your questions are not answered online, you may write to us at: gamBit.com, 1101 South Winchester Blvd., Suite J-217, San Jose, CA 95128