Introduction

Gaimik.com is a marketplace that allows users to offer, sell and buy products. As a marketplace, Gaimik.com does not own or sell the items listed on this site. The actual contract for sale is directly between Buyers and Sellers. While Gaimik.com may help to facilitate the resolution of disputes between Buyers and Sellers, Gaimik.com has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; ONLY In case of disputes the relevant documents of the seller will be given to the buyer and related authorities

This User Agreement (“Agreement”), the Gaimik.com Privacy Policy, and all policies posted on our sites set out the terms and conditions on which Gaimik.com offers you access to and use of our sites, services and tools (collectively “Services”). This Agreement is entered into between you as the user of our Services (“User”) and Gaimik.com (“Gaimik.com" or the “Site”). All policies and the Gaimik.com Privacy Policy are incorporated into this User Agreement. You agree to comply with all of the above when accessing and using our Services

Acceptance of the Agreement. By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a User. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. If you do not accept all of the terms and conditions of this Agreement, please do not use this Site. You may not use the Site and may not accept the terms of this Agreement if (a) you are not of legal age to form a binding contract, or (b) you are a person barred from using the Site under the laws of Iraq

Amendments. Gaimik.com may amend this Agreement and/or Site policies at any time, with or without notice to you, by posting the amended and restated Agreement or policy on the Site

DEFINITION

Gaimik.com Content. Information, text, images, video clips, directories, files, databases or offers available on or through the Site are hereinafter referred to as Gaimik.com Content

Registered User. Each User who has filled out a registration form on the Site by giving User information (such as name, address, telephone number, email address, etc.) is a registered user (“Registered User”) of Gaimik.com. Gaimik.com will establish an account ("Account") for each Registered User on the Site and each Registered User will be assigned a user alias ("User Name") and password ("Password") for log­in access to its Account on the Site

Third-Party Content. Some of the Gaimik.com Content displayed on the Site is provided or posted by third parties, hereinafter referred to as Third Party Content

2.4 User. For purposes of this Agreement, a "User" is any person who accesses the Site for whatever purpose, regardless of whether said User has registered with Gaimik.com as a registered User. A User includes any person using this Site and any legal entity which may be represented by such person under actual or apparent authority.

USE OF GAIMIK.COM

3.1 Third-Party Rights. As a condition of your access to and use of the Site, you agree that you will not use our Services to infringe the Third-Party Rights of others in any way. Gaimik.com will in appropriate circumstances terminate the accounts of Users who are repeat infringers of the Third-Party Rights of others. In addition, Gaimik.com reserves the right to terminate the account of any User if Gaimik.com believes that the User’s conduct is harmful to the interests of Gaimik.com, its employees, directors, or other Users, or for any other reason in Gaimik.com’ sole and absolute discretion, with or without cause

REGISTERED USERS

Privacy. By becoming a Registered User, you consent to be governed by our Privacy Policy. You also consent to the inclusion of your personal data in our database, and authorize Gaimik.com to share such information with other Users in accordance with the purposes set forth in this Agreement

Notwithstanding Section 4.1, Gaimik.com may refuse registration and deny the issuance of an Account and associated User Name and Password to any User for whatever reason or for no reason at all

Gaimik.com may suspend or terminate a Registered User's Account at any time if: In Gaimik.com' sole and absolute determination, there is any breach of the provisions of this Agreement by the Registered User; or Gaimik.com has reasonable grounds to suspect that information provided by a Registered User is untrue, inaccurate or is not current or complete; or Gaimik.com believes that User conduct is harmful to the interests of Gaimik.com, its employees, directors, affiliates, or other Users; or For any other reason in Gaimik.com’ sole and absolute discretion

POSTING ON GAIMIK.COM

You must be a Registered User in order to post information on the Site

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 That it will maintain and promptly amend all information to keep it true, accurate, current and complete

: Prohibited behavior. Each User hereby represents, warrants and agrees that information submitted to gaimik.com 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

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)

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

TRANSACTIONS BETWEEN BUYERS AND SELLERS

General. Gaimik.com provides an electronic web–based platform for exchanging information between buyers (“Buyer”) and sellers (“Seller”) of products and services

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

Gaimik.com does not represent the Seller or the Buyer in specific transactions, nor does Gaimik.com act as an agent for either Seller or Buyer. Gaimik.com 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. Gaimik.com 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, Gaimik.com cannot and does not confirm each User's purported identity

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 Gaimik.com 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

Taxes. Users shall pay all sales and use taxes and all other taxes arising from their use of the Site

Middleman Agreement for Sellers. Gaimik.com offers a middleman service and acts as a third party to assist Buyers and Sellers. Gaimik.com, and it's affiliated companies state in the sell section of this middleman agreement that when the seller agrees to the sale, exchange, trade, transfer, or providing of any product for which the seller receives a cash payment from Gaimik.com, the seller agrees that they will transfer all exclusive rights to the buyer for the Product Data or Video Game. Upon agreement to these terms, the seller will be permanently transferring any and all access rights to your Video Game Asset and Product Data to the buyer. The seller hereby guarantee that they have never shared or provided other parties with the Video Game Asset and Product Data information. This includes user name, password, secret question, secret answer, or any information relevant or required to gain access to the Video Game or Product Data. The seller agrees that at no time will you voluntarily or involuntarily attempt to regain access or assist others to regain access to the Video Game or Product Data. The seller agrees that Gaimik.com has the right to cancel, void, suspend, or ban any type of sell agreement between all parties if they feel a Security Risk is involved in purchasing your Video Game or Product Data. The seller agrees that if the Video Game or Product Data is retrieved, recovered, recalled, suspended, banned, the password or data account information is changed, or there is alteration to any information or data related to the Video Game or Product Data, that the seller will be held responsible for returning the product data to it's original status for the lifetime duration of the Video Game or Product Data. The seller agrees that they are responsible for a duration of 10 years upon execution of this agreement that the seller will assist Gaimik.com and the buyer if either parties informs the seller that the Video Game or Product Data has been retrieved, recover, recall, suspend, ban, change the password or data account information. The seller agrees that Company can require at anytime upon execution of this agreement that they must assist at resolving any issue with the Video Game or Product Data. If the seller fails to comply with the sell agreement, seller agrees that they will return the funds provided to the seller in the transaction along with any funds Gaimik.com had to provide to the Buyer, in addition to collections, chargeback, recovery and court fees, and damages done during the time in which the data product was transferred over to the buyer. The seller agrees that if they recover or have any information that would involve the Video Game Asset or Product Data (including means of third party involvement) seller will return the Video Game or Product Data subject to all conditions above within 5 business days of the time the seller receives this Video Game or Product Data information

FEES

Seller fees. The fees we charge for using our Services are listed on our Seller Fees & Disbursements page. Gaimik.com may change its fees from time to time by posting the changes on the Site 14 days in advance

Buyer fees. The fees we charge for processing payments are posted on our Buyer Payments page. Gaimik.com may change its fees from time to time by posting the changes on the Site 14 days in advance

DISPUTES BETWEEN USERS

Gaimik.com 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 Gaimik.com as the arbitrator for final and binding judgment. In order to allow Gaimik.com 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. Gaimik.com 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

Obligation to Reimburse. If a Seller is required to reimburse the Buyer or Gaimik.com, the Seller authorizes Gaimik.com to remove the reimbursement amount (in same or other currency) from their designated payment method on Gaimik.com. Gaimik.com may also place the reimbursement amount on the Seller’s invoice

Fines. In the rare event that Gaimik.com determines that a dispute between Users is due to a User’s breach of this User Agreement, the breaching User authorizes Gaimik.com to levy a fine against the User’s payment method, up to $1000.00. In addition, Gaimik.com may suspend or ban the User’s Account

Release. If you have a dispute with one or more Users, you agree to release and indemnify Gaimik.com 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

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITIES

THE FEATURES AND SERVICES ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND Gaimik.com 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

Gaimik.com 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. Gaimik.com 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 Gaimik.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITE

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 Gaimik.com or through or from the Site shall create any warranty not expressly stated herein

Force Majeure. Under no circumstances shall Gaimik.com 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

GAIMIK.COM INTELLECTUAL PRPERTY RIGHTS

General. Gaimik.com is the sole owner or lawful licensee of all the rights to the Site and the Gaimik.com Content. The Site and the Gaimik.com Content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and the Gaimik.com Content shall remain with Gaimik.com, its affiliates, or licensors of the Gaimik.com Content, as the case may be. All rights not otherwise claimed under this Agreement or by Gaimik.com are hereby reserved

Trademarks and Service Marks. "Gaimik,” "Gaimik.com" and related icons and logos are registered trademarks or trademarks or service marks of Gaimik.com in various jurisdictions, and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited

RESTRICTED USERS

You may not open a new account if your account is suspended without our expressed written permission. Doing so will be an immediate breach of the user agreement and you will be liable for any resulting damage

GENERAL

Agreement. This Agreement, means this document in its entirety, the Gaimik.com Privacy Policy, and all policies posted on our sites constitute the entire agreement between the User and Gaimik.com with respect to access to and use of the Site, superseding any prior written or oral agreements in relation to the same subject matter herein

Parties. “We”, “us”, “our” and all other first-person pronouns and the like refer to Gaimik.com. All references to “you” “your” and all other second person pronouns refer to any users, buyers, sellers, or other third parties accessing or using any of Gaimik.com websites, intellectual property, or other services

Third Party. User agrees that there shall be no third-party beneficiaries to this agreement

Confidential Information. “Confidential Information” means any information, technical data, or know-how, including but not limited to, that which relates to research, product plans, products, services, customers, markets, software, developments, inventions, processes, designs, drawings, engineering, hardware configuration information, marketing or finances of ours, or any information created or revealed in preparing such Confidential Information. Confidential Information includes information that is not in writing, and any information given through conversation, discussion, or explanation. Confidential Information does not include information, technical data or know how which (i) is in the possession of the receiving party at the time of disclosure as shown by the receiving party’s files and records immediately prior to the time of disclosure, or (ii) prior to or after the time of disclosure becomes part of the public knowledge or literature other than as a result of any improper inaction or action of the Recipient or, (iii) is approved by our officers, in writing, for release

Defamatory and Privacy Torts. "Defamatory and Privacy Torts" includes publishing a untrue and harmful statements about us or its affiliates or employees

Protective Order. "Protective Order" (also known as a gag or suppression order) means a legal court order that prevents the disclosure of sensitive information and is intended to protect us from harm or harassment

Product Data. "Product Data" means data which includes the account and password used to access the video game asset or other data

IDENTITY

You must be of 15 years of age to use our site or have parental permission to do so. You may not misrepresent your identity in any way to us or other users. You must provide valid, complete, and active contact information to us, including a valid phone number and email address

You will not publish your contact information or others' contact information anywhere on our site excepting designated areas in which we explicitly require it

COPYRIGHT

All material on our website is copyright and subject to domestic copyright law. You may not copy, reproduce, create derivative works, or in any other way use our intellectual property. We reserve full rights in our intellectual property and transmission to you in no way implies the grant of a license. This includes but is not limited to all site content, text, graphics, logos, icons, images, audio clips, animations, digital downloads, data compilations, data structures, spreadsheets, software, characters and other intellectual property. We make no claims to copyrighted material not produced by us

We respect the intellectual property of others. If you believe that your work has been used in a way that constitutes copyright infringement, please contact our info@gaimik.com