Welcome to EZ Game Swap LLC ("EZ Game Swap"). We provide website features and other products and services to you when you visit or use EZ Game Swap products or services. The products and services are subject to certain conditions. By using EZ Game Swap Services, you agree to these conditions. Please read them carefully.

PRIVACY

Please review our Privacy Notice to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use EZ Game Swap Services, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any EZ Game Swap Service, such as text, graphics, logos, button icons, images and data compilations is the property of EZ Game Swap or its content suppliers and protected by United States and international copyright laws.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and your payment of any applicable fees, EZ Game Swap or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the EZ Game Swap Services. This license does not include any resale or commercial use of any EZ Game Swap Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any EZ Game Swap Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by EZ Game Swap or its licensors, suppliers, publishers, rightsholders, or other content providers. No EZ Game Swap Service, nor any part of any EZ Game Swap Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of EZ Game Swap. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of EZ Game Swap without express written consent. You may not use any meta tags or any other "hidden text" utilizing EZ Game Swap's name or trademarks without the express written consent of EZ Game Swap. You may not misuse the EZ Game Swap Services. You may use the EZ Game Swap Services only as permitted by law. The licenses granted by EZ Game Swap terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT

If you use any EZ Game Swap Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. EZ Game Swap reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. EZ Game Swap reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant EZ Game Swap a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant EZ Game Swap and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify EZ Game Swap for all claims resulting from content you supply. EZ Game Swap has the right but not the obligation to monitor and edit or remove any activity or content. EZ Game Swap takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS

All items purchased or exchanged from EZ Game Swap are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

EZ Game Swap attempts to be as accurate as possible. However, EZ Game Swap does not warrant that product descriptions or other content of any EZ Game Swap Service is accurate, complete, reliable, current, or error-free. If a product offered by EZ Game Swap itself is not as described, your sole remedy is to return it in unused condition.

EZ GAME SWAP SOFTWARE TERMS

In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with EZ Game Swap Services (the "EZ Game Swap Software").

OTHER BUSINESSES

Parties other than EZ Game Swap operate stores, provide services, or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. EZ Game Swap does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE EZ GAME SWAP SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE EZ GAME SWAP SERVICES ARE PROVIDED BY EZ GAME SWAP ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. EZ GAME SWAP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE EZ GAME SWAP SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE EZ GAME SWAP SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE EZ GAME SWAP SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EZ GAME SWAP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EZ GAME SWAP DOES NOT WARRANT THAT THE EZ GAME SWAP SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE EZ GAME SWAP SERVICES, EZ GAME SWAP'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM EZ GAME SWAP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EZ GAME SWAP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY EZ GAME SWAP SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY EZ GAME SWAPSERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

DISPUTES

Any dispute or claim relating in any way to your use of any EZ Game SwapService, or to any products or services sold or distributed by EZ Game Swap will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. EZ Game Swap will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using any EZ Game Swap Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Massachusetts, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and EZ Game Swap.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

COPYRIGHT COMPLAINTS

EZ Game Swap respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow the procedure outlined below.

Notice and Procedure for Making Claims of Copyright Infringement

Please provide us with this information:

  • A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Please note that this procedure is exclusively for notifying EZ Game Swap that your copyrighted material has been infringed.

Additional EZ Game Swap Software Terms

Use of the EZ Game Swap Software

You may use EZ Game Swap Software solely for purposes of enabling you to use and enjoy the EZ Game Swap Services as provided by EZ Game Swap, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the EZ Game Swap Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the EZ Game Swap Software or otherwise assign any rights to the EZ Game Swap Software in whole or in part. You may not use the EZ Game Swap Software for any illegal purpose. We may cease providing any EZ Game Swap Software and we may terminate your right to use any EZ Game Swap Software at any time. Your rights to use the EZ Game Swap Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms.

Additional third party terms contained within or distributed with certain EZ Game Swap Software that are specifically identified in related documentation may apply to that EZ Game Swap Software (or software incorporated with the EZ Game Swap Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any EZ Game Swap Service is the property of EZ Game Swap or its software suppliers and protected by United States and international copyright laws.

Export Regulations; Government End Users

You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the EZ Game Swap Software. If you are a U.S. Government end user, we are licensing the EZ Game Swap Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the EZ Game Swap Software are the same as the rights we grant to all others under these Conditions of Use.

EZ Game Swap LLC, (“EZ Game Swap”), knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This notice describes our privacy policy. By visiting EZ Game Swap, you are accepting the practices described in this Privacy Notice.

Does EZ Game Swap Share the Information It Receives?

Information about our customers is an important part of our business, and we are not in the business of selling it to others. We share customer information only as described below and with subsidiaries EZ Game Swap, Inc. controls that either are subject to this Privacy Notice or follow practices at least as protective as those described in this Privacy Notice.

  • Third-Party Service Providers: We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.
  • Protection of EZ Game Swap and Others: We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property, or safety of EZ Game Swap, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Notice.

Conditions of Use, Notices, and Revisions

If you choose to visit EZ Game Swap, your visit and any dispute over privacy is subject to this Notice and our Conditions of Use, including limitations on damages, resolution of disputes, and application of the law of the state of Massachusetts. If you have any concern about privacy at EZ Game Swap, please contact us with a thorough description, and we will try to resolve it. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account.

Examples of Information Collected

Information You Give Us

You provide most such information when you search, buy, post, participate in a contest or questionnaire, or communicate with us by email. As a result of those actions, you might supply us with such information as your name, address, and phone numbers; credit card information; people to whom purchases or exchanges have been shipped, including addresses and phone number.

Automatic Information

Examples of the information we collect and analyze include the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information such as browser type, version, and time zone setting, browser plug-in types and versions, operating system, and platform. We may also use browser data such as cookies or similar data on certain parts of our Web site for fraud prevention and other purposes. During some visits we may use software tools such as JavaScript to measure and collect session information, including page response times, download errors and methods used to browse away from the page. We may also collect technical information to help us identify your device for fraud prevention and diagnostic purposes.

Information from Other Sources

Examples of information we receive from other sources include updated delivery and address information from our carriers or other third parties, which we use to correct our records and deliver your next purchase or communication more easily, account information etc.

Information You Can Access

Examples of information you can access easily at EZ Game Swap include up-todate information regarding personally identifiable information (including name, email, password, communications; payment settings (including credit card information) and e-mail notification settings.