REGISTRATION AND SECURITY. As a condition to using Services, User may be required to register with Company, to provide a mailing address, telephone number, and e-mail address, and to select a password and User name ("User ID"). User shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of User's account. Company reserves the right to refuse registration of, or to cancel a User ID in its discretion. User shall be responsible for maintaining the confidentiality of User's Company password. Company, in its discretion, may refuse to permit a User to register on Company’s Site if the email address or the mailing address provided by said User has already been registered on the Site, by User or any other User. Users may register only one User ID per household. Details of User’s account are available on the User Account page of the Site.


MINIMUM AGE REQUIREMENT. User certifies to Company that if User is an individual (i.e., not a corporation) User is at least 18 years of age. User also certifies that User is legally permitted to use the Services and access the Site, and takes full responsibility for accessing the Site and Content, and for the selection and use of the Services. These Terms of Use are void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.


USER MAILING ADDRESS. User understands and acknowledges that User is required to provide its mailing address to Company as a condition to accessing Company’s Services. The Company reserves the right to verify any User’s mailing address. User understands and acknowledges that if User utilizes the Company’s Services to receive a Product from another User, User’s address will be provided to the prospective seller of such Product for shipping purposes.


MAINTAINING YOUR CONNECTION TO THE SITE. User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to and access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. User shall be solely responsible for ensuring that such equipment or ancillary services are compatible with the Services.

RESTRICTIONS ON USE. The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. User may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section of the Terms of Use), create derivative works based on, distribute, perform, publicly display, or in any way exploit, the Site, any of the Content or Services offered therein, or any software or other materials incorporated therein, in whole or in part. User may not download or copy any Content displayed on the Site without the express written consent of Company or from the copyright holder identified in such Content's copyright notice.


CONTRIBUTION AND ASSIGNMENT OF CONTENT. User acknowledges and agrees that if User uses any of the Services to contribute Content to the Site, such Content shall become Company property and shall be deemed to be Content hereunder. User hereby assigns all rights, title and interests in and to such contributions to Company and, to the extent such rights are not fully assignable, hereby grants to Company a perpetual, non-exclusive, worldwide, royalty-free, transferable right to fully exploit such Content (including all related intellectual property rights) and to allow others to do so. To the fullest extent allowed by law, the foregoing includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as "Moral Rights." To the extent User retains any such Moral Rights under applicable law, User hereby ratifies and consents to any action deemed necessary or advisable by the Company to perfect its interest in all such Content and Moral Rights, and agrees not to assert any Moral Rights with respect thereto except as may be requested by the Company to perfect its interest.


COMPANY RIGHT TO REMOVE CONTENT. Company reserves the right to remove any Content from the Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that User may have breached any of its obligations), or for no reason at all.


CONTENT DISCLAIMER. The Company’s Services enable Users to post Content, to access Content posted by other Users and advertisers, and to exchange information for purposes of effecting Transactions. Company has no special relationship with or fiduciary duty to User. Company makes no representations whatsoever concerning, and shall not be responsible or liable for, the accuracy, completeness, copyright compliance, legality, or appropriateness of material contained in or accessed through the Site. User acknowledges that the Site may contain, or direct User to sites containing, information that some persons may find offensive or inappropriate.

COMPLIANCE WITH LAW. User shall be solely responsible for compliance with all laws, regulations and ordinances connected with the User’s access to the Site and utilization of Services.


COMPLIANCE WITH END USER LICENSE AGREEMENTS. User shall comply with all publisher and developer End User License Agreements ("EULAs") for each Product, as may be applicable.


COMPLIANCE WITH TERMS OF USE. User shall comply with all of the provisions of these Terms of Use.


PROHIBITED ACTIVITIES. User warrants, represents and agrees that it will not contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party. Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including those that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. User will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Site, or any processes that run or are activated while the User is not logged in. User may not transfer User’s Company account to any third party, or use the Site or Services for any commercial purposes or for the benefit of any third party. User will not distribute or post spam, advertisements, chain letters, or pyramid schemes.


NO VIRUSES. User shall not distribute viruses, worms, or other technologies that seek to injure or adversely affect Company property or interests, or the property or interests of Company Users.


NO SOLICITING ACCOUNT INFORMATION FROM OTHER USERS. User shall not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or other private information regarding the account of any Company User.

INFORMATION AND FURTHER ACTIONS. Users listing Products shall provide all information required by the Company in connection with such listing ("Listing Information"). Users selling or trading Products shall provide to purchasing Users all information required for such purchasing User to fully utilize the Product for its intended purposes, including, without limitation, passwords, license numbers, registration codes, and other necessary information as may be applicable (collectively, "Product Information"). All Listing Information and all Product Information shall be complete and correct, and shall not omit any information about the Product necessary for its use. Users selling or trading Products shall take all appropriate further actions to complete the Transaction promptly and to recipient’s full satisfaction. If the Site does not provide adequate facilities or features for User to provide any relevant Listing Information or Product Information, then User shall not use the Site to list or exchange such Product.


MAILING OF PRODUCTS. User will mail Products that User has undertaken to exchange with another User within the time limits specified by Company. Failure to comply with mailing time limits may result in termination or restriction of User’s account, at the discretion of Company. User will take all reasonable precautions to ensure that Products mailed to other Users arrive in good condition, including, but not limited to, by using padded envelopes recommended by Company and affixing proper postage.


GOOD TITLE. Each User represents and warrants, with respect to each sale or exchange of a Product, that such User has all authority, and all the right, title, and interest in the Product necessary to enter into and perform such Transaction.


TRANSFER OF TITLE. Unless Users explicitly and mutually agree otherwise, the recipient User shall become the lawful owner of the Product upon physical receipt of the Product from the selling User, in accordance with California Commercial Code § 2401(2) and other state counterparts of Uniform Commercial Code § 2-401(2), as may be applicable.


NO REPRESENTATIONS BY COMPANY. User acknowledges that the Company does not have legal ownership of any of the Products, cannot transfer title thereto, is not a party to the transaction between Users, and can make no representations whatsoever concerning the quality, safety or legality of any Product, the truth or accuracy of any Product listing, or the ability or willingness of any User to complete any Transaction. Complaints about any User should be made to the Company through the appropriate link on the Site.


RELEASE OF COMPANY FROM USER DISPUTES. In the event that User has a dispute with one or more other Users, User releases Company, its officers, directors, employees, agents, subsidiaries, joint venturers, and other related parties from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, 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."

WHEN RECEIVING SHIPMENTS. In the event a User claims more than three (3) instances of having received a lost, broken, incorrect, scratched or otherwise problematic Product, Company may, at its sole and complete discretion, determine that the User is not eligible to use the Services and Company may elect not to apply any credit to the individual's account for such lost, broken, incorrect, scratched or otherwise problematic Product. In addition to suspending or terminating a User's account or access to the Site or Services, Company may pursue any remedies available at law.


WHEN SENDING SHIPMENTS. In the event a User is reported shipping a lost, broken, incorrect, scratched, counterfeited or otherwise problematic Product, Company may, in its sole and absolute discretion, determine that the User is not eligible to use the Services and Company may elect not to apply any credit to the individual's account for such lost, broken, incorrect, scratched, counterfeited or otherwise problematic Product. In addition to suspending or terminating a User's account or access to the Site or Services, Company may pursue any remedies available at law.


USER ID FRAUD. User may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than User without appropriate authorization; or (iii) create multiple User IDs within a single household; or (iv) create multiple User IDs in two or more households for the purpose of defrauding the Company or avoiding adverse action by the Company with respect to User’s account.


COUNTERFEIT AND ILLEGALLY COPIED GAMES. Users may not illegally copy games. User shall not list or exchange games or other products that are counterfeited or in violation of the publisher or developer’s EULA. User's access to the Site or Services may be immediately terminated in the event the User uses the Site or Services for illegal purposes or makes unlawful copies of games or unlawfully distributes games.