Terms and Conditions

Seller’s Terms and Conditions

These Terms and Conditions regulate the relationship between you (the “User”) and This Game Technologies FZCO, a private company limited by shares organized and existing under the laws of the Dubai Multi Commodities Centre free zone, Dubai United Arab Emirates (“Platform Operator”) with respect to your use of the Platform and between you and the relevant Seller with respect to any purchase of Product that you make via the Platform.

By clicking on the “Accept” button, or accessing or otherwise using the Platform, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions and any other legal agreements that apply to you as a User, as amended from time to time. If you do not agree with these Terms and Conditions, you must stop using or accessing the Platform immediately. If you are using the Platform on behalf of a third party including, but not limited to a business entity, you warrant that you are authorized and have the authority to bind that third party to these Terms and Conditions.

1. Definitions

 The following terms are used throughout these Terms and Conditions and have specific meanings.

1. “Account” means the account that Users may create through the Platform to use the Services.
2. “Add-On Keys” means any digital Product with additional or enhanced functionality, special weapons or characters, virtual currency, or subscription access to content or services intended to be accessed or used within a particular Product.
3. “Agreement” and “Terms and Conditions” collectively mean all of the terms, conditions and notices contained or referenced in this document (as amended from time to time) and all other Seller rules and policies available on the Platform (including, but not limited to, Seller’s Privacy Policy, guidelines and procedures that may be published from time to time on the Platform).
4. “Appropriate Age” means you must be an adult or have the consent of a parent or legal guardian to create an Account and purchase Products. By using the Platform, you represent that you meet this requirement.
5. “Buyer” means a person that contacts, engages and/or aims to purchase a Product sold through the Platform.
6. “CD Key” means a serial number or a code that is used to register and activate a specific Product and which will be provided to you in the Confirmation Order upon successful payment of a Product Price.
7. “CDKoins” means loyalty points earned on eligible Product purchases on the Platform, which can be redeemed for discounts on future orders.
8. “Confirmation Order” means any and all written or electronically transmitted confirmation orders sent by Seller to Buyers in relation to Products. A Confirmation Order may contain, including without limitation: the CD Key; Product Price, payment terms; the details of the Product; details of the publisher and developer of the Product; and any special condition.
9. “Content” means any content submitted, generated, featured, displayed through the Platform, including but not limited to: any Product details; any text, correspondence, graphics, software, applications, video recordings, audio recordings, sounds, company logos, photos, designs, features, User reviews and other materials that are available on the Platform. Content includes, without limitation, User Content which may be submitted by a User for the purpose of using the Services.
10. “EU” means the European Union.
11. “Licensee Seller” means, the exclusive licensee appointed by the Platform Operator to operate the Platform and provide the Services to the Buyer in specific countries, as set out in Section 17 below.
12. “Marketplace Sellers” means, with respect to the USA only, sellers who, facilitated by the Platform Operator are matched with the Buyer with respect to the sale and purchase of Product by the Buyer from such Marketplace Seller.
13. “Platform” means the Seller platform, any online tool provided, processed and/or maintained by Seller (including, but not limited to: Seller’s domain located at https://www.loaded.com; all subpages and subdomains related to https://www.loaded.com; any other related domain and mobile application offering access to or which re-directs to, the Platform or the Services or otherwise facilitating the provision of, the Services).
14. “Platform Operator” means This Game Technologies FZCO;
15. “Privacy Policy” means Seller’s privacy practices in relation to the use of the Platform which is available at https://www.loaded.com/privacy-policyand/or any other related domain.
16. “Product” means any and all digital or virtual games, software (business and consumer), related digital products, including Content and Add-On Keys, gift cards, or top-up which are made available through the Platform. Product includes Buyer’s software used to access the Product, documentation, ads, technology, any content, data and other digital materials included in or made available through a Product (including after downloading or initially accessing it), or through any updates and other changes and versions of the Product.
17. “Product Price” means the total amount set out in the Confirmation Order chargeable by Seller to Buyers for the purchase of a Product.
18. “Seller”, “we” and “us” means the applicable Marketplace Seller or the applicable Licensee Seller as the case may be, subject to the country from which the Buyer is purchasing the Product.
19. “Seller’s Content” means any content (including but not limited to: the name, trademark, and logo owned by or licensed to any Seller; all information about any Seller and its employees; any text, correspondence, photographs, graphics, applications; any video recordings, audio recordings, sounds, designs, features, and other materials) generated by, belonging and/or licensed to any Seller.
20. “Service” means the online and/or offline services offered by Seller in connection with the Platform to facilitate the access of Buyers to a variety of Products, including without limitation, providing Products along with any additional technical and support services, as well as providing access to Seller’s online community, communication tools and payment services.
21. “Third Party Content” means any content (other than User Content) that belongs to or originates from parties other than Seller and Users.
22. “UK” means the United Kingdom of Great Britain and Northern Ireland.
23. “USA” means the United States of America.
24. “User Content” means any content, written or otherwise, created, submitted, generated, featured, displayed through the Platform (including but not limited to, any text, correspondence, and photographs) by Users while using the Platform.
25. “User”, “you” and “your” collectively mean the person, company, or organization that has visited or is using the Platform and/or the Service. A User may be a visitor or Seller, an Account holder, and/or a Buyer.
    
    

2. About Seller and Platform

2.1  The Platform provides access to a variety of Products and permits Buyer who are retail, end-user consumers to download and use certain software, including but not limited to computer and console games, as well as ancillary products and services.

2.2 Buyers understand, agree and acknowledge that any transaction and/or agreement resulting from their use of the Services is solely between the Buyer and Seller as the direct Seller of the Products. No third party shall be deemed a party to the transaction unless expressly stated.

2.2 From time to time, promotions such as sales and giveaways promotions may be offered via the Platform. Any such promotions may be modified or discontinued by Seller at its sole discretion at any time without prior notice.

2.3 The Platform may not be available in your country and Seller may modify, suspend or discontinue the Platform, in whole or in part, at its sole discretion at any time without notice.

3. Changes to the Terms and Conditions

3.1 You agree that the Platform Operator may amend these Terms and Conditions from time to time, and at the Platform Operator’s sole discretion. Although we will use our best endeavours to notify you of any amendment to these Terms and Conditions, we will not be required to provide you with prior notification of such amendments or changes to these Terms and Conditions.

3.2 Upon any amendment or change to these Terms and Conditions, we will publish the amended Terms and Conditions on the dedicated link available at our Platform. Your continued use of the Platform and/or the Service, after the publication date of a revised version of these Terms and Conditions, constitutes your acceptance of its terms.

3.3 You agree and undertake to review our Terms and Conditions each time you visit our Platform and/or prior to your use of any Services. If you do not agree to our Terms and Conditions, as updated from time to time, you undertake to cease using our Platform and/or Services immediately.

4. Eligibility, Account Registration and Security Checks

4.1 If you would like to use our Services, you may be required to create a personalized Account by using your name and email address. Users can also create an Account using their existing Google and Facebook accounts. Each Account should have a unique username and a password. 

4.2 Each User is responsible for maintaining the security of its Account and for all activities that occur under the Account and any other actions taken in connection with the Account. You undertake to provide accurate and complete information and keep your Account information and your Account updated. You may not share your password with unaffiliated third parties. You agree to notify Seller immediately of any unauthorized use of your Account, or any other breaches of security. You are fully responsible for all uses of your password, Account and username, or registration, whether by you or others. We are authorized to act on instructions received through use of your Account or registration, and are not liable for any loss or damage arising from your failure to comply with this clause.

4.3 Your Account, including any information pertaining to it (e.g. contact information, billing information, CD Key details, Account history etc.), is strictly personal to you. You may therefore not sell or charge others for the right to use your Account, or otherwise transfer your Account, unless expressly permitted by this Agreement.

4.4 By creating an Account or using the Platform, you consent to us contacting you about your interest in our Services by email, phone, or through any other contact information you have chosen to provide. Users wishing not to receive offers from us may notify us at any time via one of the contact methods listed in the Contact Us section on the Platform.

4.5 All Buyers are required to verify their phone number, using our automated verification system, in order to access the purchased Products. Any information provided in relation to this process will be subject to the Privacy Policy. The numbers provided are used solely for the purpose of identity verification and are not used for any marketing purposes. We reserve the right to: request additional information from the Buyer, such as a valid ID copy, in order to verify the Buyer’s identity; and to decline or refund any order we believe to be fraudulent. The use of a VPN, Proxy, VoIP number, or any other means of concealing the true location of the Buyer, will lead to delays, likely ID check and possible cancellation of the associated order(s). The phone number that a Buyer provides may be subject to geographic location checks in order to verify the authenticity of the order. All such location data will be retained for 24 hours, following which it will be expunged from the records of Platform Operator or Licensed Seller.

4.6 The Platform Operator or relevant Licensed Seller reserve the right to suspend or terminate your Account at any time, including if any User Content or information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Services that violates this Agreement.

5. User Conduct and Restrictions

5.1 You agree, acknowledge and understand that all Products on sale through the Platform are distributed electronically. There are no boxes nor any DVDs to be delivered to you physically. You will receive a fully legitimate, electronic CD Key for the Product that you purchase. You understand that upon receipt of the CD Key, you are required to activate the Product on a proper platform, e.g. Steam, Origin, Uplay or other.

5.2 The Platform’s unique system allows for instant and automatic allocation of CD Keys. Once you pay the Product Price and pass the security checks, the CD key will be made available on your Account and relevant email account. Neither the Seller nor the Platform Operator shall be responsible for any loss or damage resulting from lost or stolen CD Keys or use of CD Keys without permission.

5.3 When you purchase a Product through the Platform, you agree, acknowledge and understand that you are purchasing a licence to use that Product from Seller and that you do not take ownership of the Product. For any Products that you purchase through the Platform, you are granted a limited, non-exclusive, non-transferrable, non-sublicensable, revocable, personal licence to use such Products. Aside from this licence, Seller reserves all rights, interests and remedies in relation to that Product.

5.4 The licence granted to you in this Clause constitutes the End User Licence Agreement (“EULA”) between you and Seller for the applicable Product, unless a separate EULA is provided by the Product’s developer or publisher. You hereby agree to abide by all developer/publisher terms in addition to this Agreement.  In the event of a conflict between this Clause and any third-party EULA presented to you upon installation or activation of the Product, the third-party EULA shall prevail to the extent required by law.

5.5 Some Products, available through the Platform, may have specific rules on how they may be used. For instance, when you purchase a Product, you may be restricted to downloading and/or using the Product: (i) in your country of residence only; (ii) with the purchasing Account only; (iii) during a limited period or periods only; (iv) with certain compatible computer systems and/or other devices only; and/or (v) with a certain number of compatible devices that are associated with the purchasing Account only.

5.6 Users agree that they will not, under any circumstances, transmit any Content that: (i) is unlawful or promotes unlawful activity; (ii) defames, harasses, abuses, threatens, or incites violence towards any individual or group; (iii) is political, anti-national, anti-governmental, pornographic, discriminatory, or otherwise victimizes or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (iv) is spam, constitutes unauthorized or unsolicited advertising, or any other form of unauthorized solicitation; (v) contains or installs any viruses, worms, malware, Trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of the Platform or any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of Licensed Seller, the Platform Operator and/or any other third party; (vi) infringes on any proprietary right of any Licensed Seller, the Platform Operator and/or any other third party, including patent, trademark, trade secret, copyright, right of publicity, or other rights; (vii) impersonates any person or entity, including any of our employees or representatives or any User; or (viii) violates the privacy of any Licensed Seller, Platform Operator and/or any other third party.

5.7 Users may not use the Products, Content and Services for any purpose other than the permitted purpose under these Terms and Conditions. Except as otherwise permitted under these Terms and Conditions, you may not, in whole or in part, copy, photocopy, reproduce, publish, distribute, translate, reverse engineer, derive source code from, modify, disassemble, decompile, create derivative works based on, or remove any proprietary notices or labels from the Products or any software accessed via Platform without the prior consent, in writing, of the Platform Operator or relevant Licensed Seller.

5.8 You are entitled to use the Products for your own personal use, but you are not entitled to: (i) sell, grant a security interest in or transfer reproductions of the Products to other parties in any way, nor to rent, lease or license the Products to others, without the prior written consent of Seller, except to the extent expressly permitted elsewhere in this Agreement; or (ii) exploit the Products or any of its parts for any commercial purpose, except as expressly permitted elsewhere in this Agreement.

5.9 The Platform Operator or relevant Licensed Seller shall have the right to, in its sole discretion, determine whether or not any User conduct is appropriate and complies with these Terms and Conditions. You agree that the Platform Operator shall have the right to terminate or deny access to (and use of) any Account and/or Service for any reason, with or without prior notice.

6. Products

6.1 Upon payment of a Product, you may download and access a copy of that Product, as applicable, for personal use. It is the Buyer’s responsibility to ensure, before purchase of a Product, that their device meets any minimum system requirements for the use of that Product, including any requirement made available on the Product detail pages on the Platform. Some Products require the input of a license key, as made available, in order to install or activate the Product.

6.2 The Buyer is responsible for any internet or other connection charges incurred in connection with a download, access, and use of the Platform and any Product, including any free trial versions.

6.3 Free trial and other limited versions of the Products may be offered to preview Products prior to purchase. These versions may have limited features, may restrict permitted time of use, and may contain other limitations. We may withdraw access to free Products or subscription trials at any time without notice.

6.4 Some Products are made available for download to your computer or other local device, whilst other Products are hosted on external servers and are made available for use over the internet via User software or web page links. In case of use of such a Product or any Add-On Keys, you may be required to create an account with the applicable third party (such as a game platform provider) and you may need to link that account to your Platform Account. Any information you provide to a third party will be subject to such third party's terms and conditions, and will not be subject to the Seller’s Terms and Conditions or Privacy Policy.

6.5 Add-On Keys are subject to any use, access and other restrictions described on the Add-On Product detail page on the Platform or otherwise provided in this Agreement. Some Add-On Keys are consumables, such as virtual currency, and can be downloaded only once and used on only one device. If you purchase an Add-On Product, that is a subscription or start a free trial for such a subscription, and unless you set your subscription settings not to automatically renew, we may automatically continue your subscription at the regular subscription price using a payment method we have on record for you.

6.6 Once you purchase a Product and the Seller makes it available to you, you are responsible for downloading (if applicable) and confirming your ability to access the Product, including retrieving the license key for the Product, if applicable, and you shall bear all risk of loss thereafter, including any loss due to a computer or hard drive malfunction. If you are unable to complete a download or access a Product, please contact Seller’s customer service for assistance at support@loaded.com.

6.7 We may provide age restrictions and ratings for Products that third parties provide to us. Whilst we require such third parties to provide accurate information, regarding the content of their Products, we cannot ensure that Product ratings are accurate or that Products do not include content that is offensive, indecent or objectionable. We accept no liability for any Product content that you find to be offensive, indecent or objectionable.

7. User Content

7.1 Neither the Platform Operator nor any applicable Licensed Seller is responsible for any display or misuse of your User Content. You are solely responsible for the content of, and any harm resulting from, any User Content that you submit, post, upload, link to or otherwise make available on the Platform while using the Service. You acknowledge that any liability, loss or damage that occurs as a result of any such User Content is solely your responsibility. You further undertake and agree to indemnify and hold the Platform Operator and the Licensed Seller (and any third party) harmless from any liability, loss or damage that may occur as a result of any such User Content.

7.2 From time to time, Buyers may submit reviews of the publisher and/or developer of the Products and/or the Products themselves; these reviews do not constitute a guarantee, warranty, or prediction regarding the outcome of any future Service and/or Product. The Platform Operator or relevant Licensed Seller shall be under no obligation to display such reviews and may remove such reviews at any time at its sole discretion. Neither the Platform Operator nor the Licensed Seller will have responsibility or liability of any kind for any review you encounter on or through the Platform, and any use of or reliance on such reviews is solely at your own risk.

7.3 All Content posted on the Platform, such as blog posts or reviews, is provided for informational purposes only, with no assurance that such Content is true, correct, or accurate.

7.4 Users represent and warrant that they have the right to post all User Content they submit. Specifically, Users warrant that they have fully complied with any third-party licenses relating to User Content (if applicable), and have taken all steps necessary to pass through to end users any required terms.

7.5 Users agree and acknowledge that the Platform Operator has the right to, at its sole discretion, view and monitor any User Content, and to determine whether or not any User Content is appropriate and complies with these Terms and Conditions, or refuse or remove any User Content that, in the Platform Operator’s or Licensed Seller’s reasonable opinion, violates any applicable policy or is in any way harmful, inappropriate, or objectionable. You further agree that the Platform Operator or relevant Licensed Seller has the right to make formatting, edits and other changes to the User Content or the manner any User Content is displayed on the Platform.

7.6 Except for Content that originates from the Platform Operator or Licensed Seller, we do not claim ownership of any Content that you post, upload or link to. You retain all ownership of, control of, and responsibility for the User Content you post. By posting any Content, including without limitation photos, videos, recordings, company logos and reviews via the Platform, you expressly grant the Platform Operator, and any relevant Licensed Seller and their successors a worldwide, sub-licensable, fully-paid and royalty-free, and non-exclusive license to use, reproduce, display, modify, adapt, and distribute the Content in connection with the Platform Operator or Licensed Seller’s business and marketing purposes.

8. Payments

8.1 Buyers undertake to pay the Product Price to Seller as specified in the Confirmation Order. Buyers are responsible for providing a valid means of payment, including, without limitation, MasterCard, Maestro, Visa, American Express, Diners Club, Discover, PayPal, Sofort, Skrill, Alipay, Apple Pay, Giropay, Neteller, Bitcoin, iDEAL. etc.

8.2 Buyers agree and acknowledge that the Product Price (or part thereof) is not refundable.

8.4 After a Buyer successfully makes a payment to Seller, Seller shall send confirmation of the amount received.

8.5 Buyers agree and acknowledge that Seller has the right to delay or decline purchases of any Product for any reason. Limits may apply to the amount and number of Products you can buy through the Platform. 

8.6 Seller’s offer refunds on a discretionary basis, and each refund request is looked at individually. The Platform Operator (in liaison with Marketplace Sellers) and Licensed Seller’s do our best to provide or procure a refund where possible, but please note that games that have been played or CD Keys that have been redeemed are ineligible for a refund. Refund requests have to be submitted within 7 days of the delivery of the CD Key to you by Seller.

8.7 If a purchase has been made through Crypto and exceeds 90 days or has been made through other available payment methods (PayPal, Checkout, Apple Pay, Google Pay, etc.) and exceeds 120 days, we will be unable to refund back to the original payment method, as per the payment processor’s capabilities. The Seller may be able to refund the value in gift card or CDKoins. This is only providing all other terms and conditions are met, and the refund is accepted.

8.8 The buyer acknowledges they are of Appropriate Age both for the Products and their content, and have the authorisation of the card holder (or payment method) to make the purchase.

8.9 Depending on your region, product availability, and current pricing offered in the Platform, Seller may fulfil your order by providing one or more digital gift cards or top-up codes of equal or greater value, which can be used to purchase the relevant Product through the Platform.

8.10 If you are unhappy with your purchase for any reason, please get in touch with us by logging a support ticket at support.loaded.com.

9. Pre-Orders

9.1 Buyers may pre-order Products through the Platform. Buyers agree and understand that they are required to pay for the pre-ordered Products on the date of the order but that the CD Key for the pre-ordered Product will be sent to the Buyer on the official release date as indicated on the Platform.

9.2 Seller shall not be responsible for any delay and/or failure in connection with the delivery of any pre-ordered Product. Seller may only guarantee the delivery of the CD keys that it receives from the developer and/or publisher of the Products.

9.3 Buyers acknowledge that the price of the pre-ordered Product may vary from time to time. Buyers further acknowledge that the sale of the pre-ordered Product may be revoked for any reason, in which case the Product Price paid for the pre-ordered Product shall be reimbursed by Seller.

9.4 Where a purchase of a pre-ordered product has been made through Crypto and exceeds 90 days or has been made through other available payment methods (PayPal, Checkout, Apple Pay, Google Pay, etc.) and exceeds 120 days, we will be unable to refund back to the original payment method, as per the payment processor’s capabilities. We may be able to refund the value in gift card or CDKoins. This is only providing all other terms and conditions are met, and the refund is accepted.

9.5 Where possible, Seller will try to ensure that any pre-order bonus content is included within the Product if mentioned on the Product description page. However, there may be occasions when the bonus content is only available while stocks last and is not always guaranteed. Buyers who pre-ordered Products are advised to regularly check their orders page to ensure they receive the bonus content as soon as the CD Keys become available.

10. Third-Party Content

10.1 As part of the Service, the Platform Operator or Licensed Seller may provide you with convenient links to third party platform(s) as well as other forms of Third-Party Content. These links are provided as a courtesy to you and we have no control over third party platforms or content or the promotions, materials, information, goods or services available on them. Neither the Platform Operator nor Licensed Seller are responsible for any Third-Party Content accessed through our Platform, nor do they assume any responsibility or liability for such Third-Party Content. If you decide to leave the Platform and access Third Party Content, you do so at your own risk and you should be aware that our Terms and Conditions and other policies no longer govern.

10.2 For the avoidance of doubt, these Terms and Conditions do not authorize you to distribute, publicly display, publicly perform, make available, alter, or otherwise use any Third-Party Content.

10. Intellectual Property

11.1 Subject to the provisions of the License Agreement, each of the Platform Operator retains ownership of and any other proprietary rights in or to all intellectual property rights of any kind related to the Platform and Service, including applicable copyrights, patents, trademarks and other proprietary rights, within your region. Other trademarks, service marks, graphics and logos, used in connection with the Platform and the Service, may be the trademarks of other third parties. This Agreement does not transfer from us to you any Seller or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with us. We reserve all rights that are not expressly granted to you under this Agreement.

11.2 Specifically, loaded.com, www.loaded.com, and all trademarks that appear, are displayed, or are used on the Platform from time to time or as part of the Service may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from the Platform Operator.

11.3 If you believe that any material located on, or linked to by, Platform Operator or Licensed Seller or Marketplace Seller violates your copyright or other intellectual property rights, please notify us. We will terminate a User’s or Marketplace Seller’s or Licensed Seller’s access to (and use of) the Platform if, under appropriate circumstances, it is determined to be a repeat infringer of the copyrights or other intellectual property rights of others without necessary rights and permissions.

12. Email Communications

12.1 We use email and electronic means to stay in touch with our Users. You agree and understand that we may send you emails about future Services and/or updates on the Products. Users wishing not to receive offers and updates from us may notify us at any time via one of the contact methods listed in the Contact Us section.

12.2 For contractual purposes, Users (i) consent: to receive communications from the Platform Operator or Licensed Seller in an electronic form via the email address they have submitted or via the Platform; and (ii) agree that all Terms and Conditions, agreements, notices, disclosures, and other communications that Platform Operator or Licensed Seller provides to them electronically, satisfy any legal requirement that such communications would satisfy if it were in a physical writing or traditional mailing; and (iii) without prejudice to clause no.12.2(i) and no.12.2(ii), the Users undertake to comply with clause no. 18.4 for any notification purposes.

13. Termination

13.1 If you wish to terminate this Agreement, you may simply discontinue using the Platform. If you wish to delete your Account data, please contact the Platform Operator or Licensed Seller at support@loaded.com. We will retain and use your information as necessary to comply with our legal obligations, to resolve disputes, and to enforce our agreements, and we will delete your full profile to the extent possible (if applicable).

13.2 Your rights under these Terms and Conditions will automatically terminate without notice and without refund of any fees if you fail to comply with the terms of these Terms and Conditions.

13.3 All provisions of these Terms and Conditions, which by their nature should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

14.  Disclaimer of Warranties; Limitation of Liability

14.1 We make no representation or warranty that the information, we provide, or that is provided through the Service, is accurate, reliable or correct; that the Service or Product will meet your requirements; that the Service or Product will be available at any particular time or location; that the Service will function in an uninterrupted manner or be secure; that any defects or errors in the Service of Product will be corrected; or that the Service or Product is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your use of information, Content or other material obtained from the Service or Product.

14.2 You are solely responsible for all of your communications and interactions with the other Users, as applicable, and with other persons with whom you communicate or interact as a result of your use of the Services or Product. You understand that Seller is not required to screen or inquire into the background of any developer or publisher of a Product, nor does Seller make any attempt to verify any information provided by them.

14.3 To the fullest extent permitted by applicable law, Seller, Platform Operator, their affiliates, service providers, and licensors, expressly disclaim warranties with respect to the Platform, Products, Services and the Content. The Platform, Products, Services, and the Content and any information related thereto are provided on an "as is" and "as available" basis and without warranty of any kind, either express or implied. Seller has no control over, and does not guarantee the existence, quality, safety, or legality of any Product and/or the truth or accuracy of any Product details. You agree to take reasonable precautions in all communications and interactions with other Users, and with other persons with whom you communicate or interact as a result of your use of the Services or Product.

14.4 The Platform Operator may provide a Licensee Seller with certain services to support the Licensee Seller in providing the Services from the Platform.  You acknowledge that such support provided by the Platform Operator does not constitute a contractual obligation by the Platform Operator to you. You further acknowledge that the foregoing does not give you any right to bring a lawsuit or claim against the Platform Operator for your use of the Platform and/or the Services by a Licensee Seller.

15.  Release and Indemnification

15.1 Users agree to indemnify and hold harmless Seller and Platform Operator from and against any and all claims, demands, actions, losses, damages, assessments, charges, third party liabilities, costs and expenses which may arise as a result of:  (i) the Users’ use of the Platform and the Service or violation of this Agreement; or (ii) any injury, accident, health issues, physical or property damage, loss of profit, property or business reputation, or otherwise that may be caused as a result of their use of any Service and/or in connection with a Product; or (iii) errors, mistakes, or inaccuracies of User Content, and/or information available on or through the Platform; or (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted by you to or through the Platform; or (v) any dispute, conflict or disagreement between a Buyer and a third party in connection with any Services or Product.

15.2 If you have a dispute with another User, you release Seller and Platform Operator from any and all claims, demands and damages (actual and consequential) or losses of every kind and nature, arising out of such disputes.

15.3 Buyers agree that Seller, and the Platform Operator jointly and severally, have the power to file and pursue lawsuits against any Buyer in respect of any claims, demands, actions, losses, damages, fines, charges, liabilities, costs and expenses which have been suffered or incurred by Seller and/or the Platform Operator, directly or indirectly, and that have been caused by the Buyer as a result of the Buyer’s use of any Service and/or Product.

15.4 You agree that in no event will Seller, the Platform Operator, or any of their respective affiliates, officers, directors, employees, agents, or service providers (“Released Parties”) be liable, responsible or otherwise, to you or to third parties for any form of damages or losses that may arise from: (i) the failure, interruption or disruption of any service to maintain your access to the Platform or the Services, regardless of whether the service is provided by Seller or a third party; or (ii) the quality, accuracy, timeliness, reliability, safety, performance of any of the Services, the Products and/or the Platform, completeness or delays, breach, omissions, or interruptions in the delivery of any Services or Product; or (iii) errors, mistakes, or inaccuracies of any Content, Product and/or Seller’s Content and/or information available on or through the Platform; or (iv) any unauthorized access to or use of our servers and/or any and all personal information stored therein, and/or any interruption or cessation of transmission to or from our servers, and/or any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Platform by any third party; or (v) any failure or delay in the execution of any transactions through the Platform and/or the Services or; (vi) any dispute, conflict or disagreement between a Buyer and a third party in connection with any Services or Product; or (vii) any refund, loss of profits, loss of business reputation (whether incurred directly or indirectly), any injury or accident or physical or property damage or health issues, or otherwise that may occur to you in connection with a Product; or (viii) any intellectual property infringement that may arise from the use of a Product. Under no circumstances shall the Released Parties be responsible for any indirect, incidental, consequential, special, punitive, or exemplary damages, or for any losses related to delays or failures in accessing the Platform, the Account, the Products, the Content or the Services regardless of whether such claims are based on negligence, strict liability, tort, or breach of contract.

16.  Governing Law and Jurisdiction

16.1 This Agreement and any non-contractual obligations arising out of, or in connection with this Agreement shall be governed by, and interpreted in accordance with the laws of the United Arab Emirates as applied in the Emirate of Dubai  (without regard to the conflict of laws).

16.2 The  Courts of the United Arab Emirates in Dubai shall have exclusive jurisdiction to settle any dispute arising out of, or in connection with, this Agreement (including a dispute regarding the existence, validity or termination of this Agreement or relating to any non-contractual or other obligation arising out of or in connection with this Agreement) or the consequences of its nullity (a “Dispute”).

16.3 The Parties irrevocably submit to the jurisdiction of the Dubai Courts and waive any objection they may have to any Dispute being heard in the Dubai Courts on the grounds that it is an inconvenient forum (forum non conveniens).

16.4 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND SELLER AGREE TO BRING ANY DISPUTES BETWEEN YOU AND SELLER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER OF CLASS ACTION AND OTHER NON-INDIVIDUALIZED RELIEF IS MATERIAL AND ESSENTIAL TO THE RESOLUTION OF ANY DISPUTES BETWEEN THE PARTIES.

17. Licensed and Marketplace Entities

17.1 Platform Operator has granted exclusive regional licenses to certain Licensee Sellers to operate the Platform and offer the Products and Services in specific regions. These Terms and Conditions form an agreement between you and such Licensee Seller responsible for the region in which you are located, as set out below.

17.2 If you are located in the EU:

This Game LLC
Registered address: 1021 E Lincolnway Ste #7669, Cheyenne, WY 82001-4851, USA.

17.3 If you are located in the UK:

This Game Ltd
Registered address: 3rd Floor, 44 Esplanade, St. Helier, JE4 9WG, Jersey.

17.4 If you are located in the USA:

No Licensee Sellers shall operate in the USA. The Platform Operator will facilitate the sale of the Products to you through Marketplace Sellers. The terms of the sale of the Products will be governed by terms established with the Marketplace Seller. Where applicable and where the Marketplace Seller does not have or does not apply the Marketplace Seller’s terms to the sale, these Terms and Conditions shall govern the sale between you and such Marketplace Seller with Marketplace Seller substituted for Seller where applicable.

17.5 If you are located outside of the USA, EU or UK (Rest of World):

GameRow FZCO
Registered address: Unit No: 3285, DMCC Business Centre, Jewellery & Gemplex 3, Dubai, UAE

18. Miscellaneous

18.1 Severability: If any part of this Agreement is held invalid or unenforceable, that part of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Seller to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

18.2 Assignability: Seller may assign or delegate its rights or obligations under these Terms and Conditions, and/or the Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any of your rights or obligations, under the Terms and Conditions or Privacy Policy, without Seller’s prior written consent, and any unauthorized assignment and delegation by you shall be considered as null and void.

18.3 Notices to Users: Reports, statements, notices and any other communications may be transmitted by Seller to Users via the email address specified by them in their Account. All communications and notices shall be deemed to be duly served to a User when electronically sent by Seller to the User at the email address specified in the User’s Account.

18.4 Notices to Seller: Reports, statements, notices and any other communications may be transmitted by a User to Seller at info@loaded.com. All communications and notices shall be deemed to be received, or served (as applicable), to Seller when electronically received by Seller at info@loaded.com.

18.5 Gender Neutral: Wherever used herein and required by the context, the singular number shall include the plural, the plural shall include the singular number, and the use of either gender shall include both genders and the words “hereof” and “herein” and “hereafter” shall refer to the entire Agreement and not to any provision or section.

You acknowledge that you have read, understood, and accepted to be bound by these Terms and Conditions.