Trophies Inc., Terms & Conditions for Trophies App
1. INTRODUCTION: Welcome to our application (the “App“). This App is published by or on behalf of Trophies, Inc (“Trophies, Inc.” or “We” or “Us“) a company registered in 2035 Sunset Lake Road, Suite B-2, Newark, New Castle, Delaware, 19702.
The App enables users to find and exchange video games around them or in a location of their selection.
In particular, but without limitation, you agree not to:
(a) Use the App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or
(b) Attempt to gain unauthorised access to the App or any networks, servers or computer systems connected to the App; or
(c) Modify, adapt, translate or reverse engineer any part of the App or reformat or frame any portion of the pages comprising the App, save to the extent expressly permitted by these Terms or by law.
You agree to indemnify Trophies, Inc. and its group companies in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of the App otherwise than in accordance with these Terms or Applicable Laws.
3. CONTENT: The copyright in all material contained on, in, or available through the App including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“Material“) is owned by or licensed to Trophies, Inc. or its group companies. All rights are reserved. You can view, print or download extracts of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without Trophies, Inc.’s express permission.
The trademarks, service marks, and logos (“Trade Marks“) contained on or in the App are owned by Trophies, Inc. or its group companies or third party partners of Trophies, Inc.. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of Trophies, Inc. or the relevant group company or the relevant third party partner of Trophies, Inc..
The information of all the video games that are listed in the App’s database, belong to their rightful developers and publishing houses. Trophies, Inc. does not claim any ownership of this information and does not encourage, or support the illegal resale of these video games.
All the information of the listed video games in our database are retrieved from IGDB.com via their free to access API (application program interface) and in agreement to their terms and conditions.
4. LINK TO THIRD PARTIES: The App may contain links to websites operated by third parties (“Third Party Websites“). Trophies, Inc. may monetise some of these links through the use of third party affiliate programmes. Notwithstanding such affiliate programmes, Trophies, Inc. does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.
6. DISCLAIMER: USE OF THE APP IS AT YOUR OWN RISK. THE APP IS PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY ANY APPLICABLE LAW: (A) TROPHIES, INC. DISCLAIMS ALL LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN RELATION TO THE APP; AND (B) ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE APP (WHETHER IMPLIED BY STATUE, COMMON LAW OR OTHERWISE), INCLUDING (WITHOUT LIMITATION) ANY WARRANTY, TERM OR CONDITION AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE OR ANY SPECIAL PURPOSE, AVAILABILITY, NON INFRINGEMENT, INFORMATION ACCURACY, INTEROPERABILITY, QUIET ENJOYMENT AND TITLE ARE, AS BETWEEN TROPHIES, INC. AND YOU, HEREBY EXCLUDED. IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE FOREGOING, WE ACCEPT NO RESPONSIBILITY FOR ANY TECHNICAL FAILURE OF THE INTERNET AND/OR THE APP; OR ANY DAMAGE OR INJURY TO USERS OR THEIR EQUIPMENT AS A RESULT OF OR RELATING TO THEIR USE OF THE APP. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.
Trophies, Inc. will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the App, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss.
Nothing in these Terms shall be construed as excluding or limiting the liability of Trophies, Inc. or its group companies for death or personal injury caused by its negligence or for any other liability which cannot be excluded by any law of any member state of the European Union or the federal law of the United States and any other applicable international law.
7. SERVICE SUSPENSION: Trophies, Inc. reserves the right to suspend or cease providing any services relating to the apps published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.
Reasons for suspension additionally include, without limitation, the following:
– we believe that you are creating potential legal liabilities or other problems for other users and/or the App;
– we believe that your actions may undermine the quality of our community or be abusive to other users.
– we believe that you infringe the rights of third parties, including other users of the App;
– we cannot verify the information that you provide us, such as your email address;
– fail to complete an exchange of games that you have agreed to;
– your account remains unconfirmed or inactive for a long time.
8. COMPETITIONS: If you take part in any competition which is run in or through the App (“Competition“), you agree to be bound by the rules of that competition and any other rules specified by Trophies, Inc. from time to time (“Competition Rules“) and by the decisions of Trophies, Inc., which are final in all matters relating to the Competition. Trophies, Inc. reserves the right to disqualify any entrant and/or winner in its absolute discretion without notice in accordance with the Competition Rules.
9. ADDITIONAL RESTRICTIONS ON USER BEHAVIOR: While using or accessing the App you will NOT:
– list games that you do not own and are willing or able to exchange, and post false, inaccurate, misleading information about yourself or your inventory;
– fail to deliver games you agreed to exchange by you, unless the other user in the trade fails to honor the exchange agreement or both parties give their consent to cancel the previously agreed trade;
– post false information that may undermine the feedback or ratings systems;
– transfer your profile details and user ID to another party without our consent;
– use any automated ways such as a robot to access our App for any purpose;
– harvest or otherwise collect information about users or content, including email addresses;
– close your account to evade an investigation and/or to avoid the provision of a requested service. If you attempt to close your account while we are conducting an investigation, you remain liable for all obligations related to your account even after the account is closed.
10. COMPLAINTS AND REDRESS: If the user thinks that we have made a mistake in relation to a service, please contact us immediately and we will investigate the situation and any necessary action will be taken to rectify the situation within a reasonable timeframe.
11. CLOSING YOUR ACCOUNT: The term of these Terms is for a period of time when you successfully register until these Terms are terminated for whatever reason. Subject to the provisions included herein, you may close your account at any time by logging in to your account and then following the relevant instructions. Upon account closure, we will cancel any pending transactions. You must cancel any pending transactions and/or requested services not later than the time you close your account.
12. GENERAL: These Terms (as amended from time to time) constitute the entire agreement between you and Trophies, Inc. concerning your use of the App.
Trophies, Inc. reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms are available through a link in the App to this page. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the App. No other variation to these Terms shall be effective unless in writing and signed by an authorised representative on behalf of Trophies, Inc..
The present Terms shall be governed by and construed in accordance with the applicable laws of the State of California, United States of America. Any dispute arising pursuant to these Terms shall be subject to the jurisdiction of the competent courts of State of California, United States.
Any arbitration will be conducted in the English language and unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the law to be applied in any arbitration shall be the law of the State of California, United States, without regard to choice or conflicts of law principles.
IF FOLLOWING AN ARBITRATION, TROPHIES, INC. IS PROVED LIABLE TO YOU DIRECTLY OR INDIRECTLY IN RELATION TO THE APP, THAT LIABILITY (HOWSOEVER ARISING) SHALL BE LIMITED TO: (A) FIFTY UNITED STATES DOLLARS ($50.00); OR (B) THE SUMS PAID BY YOU UPON PURCHASING THE APP, OR ANY IN-APP SPEND, INCLUDING SUBSCRIPTIONS, WHICHEVER IS GREATER.
If any provision(s) of these Terms is (are) held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.
Trophies, Inc.’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Trophies, Inc. in writing.
Unless otherwise expressly stated, nothing in the Terms shall create any rights or any other benefits in favour of any person other than you, Trophies, Inc. and its group of companies.
13. CONTACT US: You can contact our team at Trophies, Inc. at requests [at] trophiesapp.com.
Copyright © Trophies, Inc. 2017.