1. Introduction

1.1. These terms and conditions (hereinafter referred to as “Terms”) are made between Amusement Services International LLC (hereinafter referred to as ‘ASI’) the owner and operator of www.myusedgames.com Website”) and You, also referred to as “User” or “Users” in these Terms.

1.2. Please read these Terms carefully, as they impact your legal rights.

1.3. Your agreement to comply with, and be bound by, these Terms is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms, you must stop using the Website immediately.

1.4. You must be at least 18 years of age to use this Website. By using the Website and agreeing to these Terms, you represent and warrant that you are at least 18 years of age.

1.5. If You are under 18 years of age, your use of the Website and your agreement to be bound by these Terms is deemed to have been duly authorised by your legal guardian and You confirm that You have sought and obtained all consents which You are or may be required to obtain for the purposes of using this Website and the Services (as defined below).

1.6. You must be in good standing to use this Website and not be an individual that has been previously barred from using the Website or the Services (as defined below) by any applicable law.

2. Account Details

When you set up an account on the Website, you are the sole authorised user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of these Terms. It shall be your responsibility to notify ASI immediately if you notice any unauthorised access or use of your account or password or any other breach of security. ASI shall not be held liable for any loss and/or damage arising from any failure to comply with this provision of the Terms.

3. Intellectual Property

3.1. All content (“Content”) included on the Website, unless uploaded by Users, is the property of ASI, its affiliates or other relevant third parties. In these Terms, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.

3.2. You must not reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of ASI.

4. Prohibited Use

4.1. You may not use the Website for any of the following purposes:

4.1.1. in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website; or

4.1.2. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order; or

4.1.3. making, transmitting or storing electronic copies of content protected by copyright without the permission of the owner.

4.1.4. upload or display any objectionable or unlawful content, or provide information which is false and fraudulent on the website.

4.1.5 attempt to circumvent or hack or modify any security technology or software of the website

5. Privacy Policy

Use of the Website is also governed by our Privacy Policy, which are incorporated into these Terms by this reference.

6. Availability of the Website and disclaimers

6.1. Any online facilities, tools, services or information that ASI makes available through the Website (“Services”) is provided “as is” and on an “as available” basis.

6.2. To the maximum extent permitted by law, ASI provides no warranties (express or otherwise) that the Services will:

6.2.1. Be free of defects and/or fault;

6.2.2. Meet your requirements;

6.2.3. Be uninterrupted, timely, secure or error-free;

6.2.4. Meet your expectations; or

6.2.5. Be corrected if the Services contain any errors.

6.3. ASI is under no obligation to update information on the Website.

6.4. Whilst ASI uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.

6.5. ASI accepts no liability for any disruption or non-availability of the Website. ASI reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These Terms shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

7. Website Links

Either ASI or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that ASI is not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, You acknowledge and agree that ASI shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused or in connection with the use of or the reliance on any such content, goods or services made available on or through any such site or resource

8. Your Obligations

8.1 You may be required to provide a valid email address and phone number in order to avail the Services provided by ASI. You consent to be contacted by ASI via the contact information provided by you.

8.2. Once you have purchased a product through this website, you are deemed to have understood and accepted these Website Terms as well as the Privacy Policy and the ASI Waiver and Consent (the “ASI Rules”). If you purchase a product on behalf of somebody else, then you are considered to be that person’s legal guardian or parent and that person will be bound by the ASI Rules.

8.3. You agree to comply with the following terms and conditions:

8.3.1. Subject to the provisions herein contained, you release, discharge and forever hold harmless ASI, its employees, agents, directors and representatives from all liability, obligation and responsibility of any nature whatsoever for death or for any losses, damages or injuries of any nature whatsoever relating to the use of this website or product purchased through this website. This release shall be regarded by ASI as a complete restriction in relation to any action, suit, claim or demand of any nature whatsoever that you may bring against ASI or which may be brought against ASI on your behalf. This release shall extend and shall apply to all conduct of any nature whatsoever of ASI.

8.3.2. To the extent permitted by law, ASI will not be liable for indirect or consequential loss or damage of any kind, loss of revenue, loss of profits, failure to realize expected profits or savings, overhead costs or other economic losses, in contract, tort (including negligence) under any law otherwise arising out of or in any way connected to these Terms, and the ASI Rules;

9. Indemnity

All Users herein agree to insure and hold ASI, its subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable professional fees made by any third party which may arise from any content a User of the Website may submit, post, modify, transmit or otherwise make available on the Website, the use of the Service, your violations of these Terms and/or your violation of any such rights of another person.

10. Limitation of liability

ASI acts as an intermediary through MyUsedGames. Any sale activity is strictly bipartite between the sellers and buyers. At no point will ASI have title to the products.

Neither ASI nor any of its subsidiary or affiliate entities, agents, employees or subcontractors shall be liable for any direct, indirect, special, incidental, consequential, punitive or exemplary damages, including lost profits (even if we are advised of the possibility) arising in any way from the information contained in this website or any information transmitted via this website. ASI is not liable for any damages or losses that may be caused to any equipment and/or software due to any viruses, defects or malfunctions in connection with access or use of this website. We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

In case of complaints regarding any product(s), all liability for resolution will be the responsibility of the Seller of the Product(s). ASI’s Customer Care Team will help in facilitating the resolution of the complaint.

11. General

11.1. You may not transfer any of your rights under these Terms to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.

11.2. These Terms may be varied by us from time to time. Such revised Terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.

11.3. These Terms together with the Privacy Policy, Waiver and Consent contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the Terms.

11.4. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

11.5. These Terms will be governed by and interpreted according to laws in force in the Emirate of Dubai. All disputes arising under these terms and conditions will be subject to the exclusive jurisdiction of Dubai Courts.

12. Severability

All the provisions in these Terms are severable and distinct from the others and if at any time one or more such provision is or becomes invalid, illegal or unenforceable under any present or future Applicable Laws, the validity of the remaining provisions of these Terms shall not in any way be affected.

13. Agreement to Terms

The User confirms that they have read, and agree to all terms, conditions and policies listed in this document as a condition of viewing this website.

Privacy Policy

This privacy policy (“Policy”) applies between You, the user/s of this Website (being www.myusedgames.com) (“User/s”) and Amusement Services International LLC (“ASI” or “we/us”), the owner and provider of this Website. ASI takes the privacy of your information very seriously. This Policy applies to our use of any and all Data collected by us or provided by You in relation to your use of the Website. Please read this Policy carefully.

This Policy is deemed incorporated into the Terms and Conditions of ASI, which are available on the Website.

Definitions And Interpretation

In this Policy, the following definitions are used:

Data: collectively all information that You submit to ASI via the Website; and

Territory: United Arab Emirates

User or You:  any third party that accesses the Website and is not either (i) employed by ASI and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to ASI and accessing the Website in connection with the provision of such services.

Information 

ASI respects the privacy of the visitors to the Website. As a result, we have developed this Policy. This Policy applies only to the operation of the Website that directly links to this Policy when You click on “privacy policy” on the Website.

Through the Website, ASI will collect information that can identify You, such as your name, address, telephone number, e-mail address, and other similar information (“Your Information“) when it is voluntarily submitted to us. We will use Your Information to respond to requests You may make of us, and from time to time, we may refer to Your Information to better understand your needs and how we can improve the Website, products and services. We may also use Your Information to contact You and/or provide You with general information (like special product or advertising products or discounts) as well as information about our products and services. We may also enhance or merge Your Information with data obtained from third parties for the same purposes.

We may send direct advertisement emails or texts to you at the email address and phone number given by you. You have the option to opt-out of this direct mailer by clicking at the unsubscribed link option attached in the e-mail. If you do not want to receive e-mail or other communications from the Marketplace, you may inform the same to our customer care service.

Your Information is stored in our database for a certain period of time even after you ceases to use or access the website and, in such cases, we are not liable for any usage of the Information after you ceases to use or access the website.

The contents on the websites may contain comments, post and reviews posted by you which may be public and searchable on the internet in which case it may be viewed and copied by other users

Any other information transferred by You in connection with your visit to the Website (“Other Information” – that is, information that cannot be used to identify You) may be included in databases owned and maintained by ASI. ASI retains all rights to these databases and the information contained therein.

The Website may collect ‘web log’ information. Web log information is gathered when You visit the Website through the computer that hosts the Website (called a “webserver”). The webserver automatically recognizes some non-personal information, such as the date and time You visited our site, the pages You visited, the website You came from, the type of browser You are using, the type of operating system You are using and the domain name and address of your Internet service provider.

The Website may use a technology called a “cookie”, which is a piece of information that our webserver sends to your computer (to your browser file) when You access a website. When You come back to our site, we will detect whether You have one of our cookies on your computer. Our cookies help provide You with additional functionality to the Website and help us analyze usage of the Website more accurately. For instance, the Website may set a cookie on your browser that keeps You from needing to remember and enter a password more than once during a visit to the Website.

You should be aware that this site is not intended for, or designed to attract, individuals under the legal age of majority in the Territory. We do not collect personally identifiable information from any person we actually know that an individual that is under the legal age of majority and that is considered a minor in the Territory.

ASI reserves the right to share your Information to respond to authorized information requests of governmental authorities or where required by law. In exceptionally rare circumstances where national, state or company security is at issue, ASI reserves the right to share our entire database of visitors and customers with appropriate governmental authorities in the Territory.

We may also provide Your Information to a third party in connection with the sale, assignment, or other transfer of the business of the Website to which Your Information relates, in which case we will require any such buyer to agree to treat Your Information in accordance with this Policy.

Scope of this Policy

As a convenience to visitors to the Website, this Website may contain links to a number of other websites that we believe may offer useful information. The policies and procedures we described here do not apply to those websites. We suggest contacting the parties hosting those websites directly for information on their privacy, security, data collection, and distribution policies.As a convenience to visitors to the Website, this Website may contain links to a number of other websites that we believe may offer useful information. The policies and procedures we described here do not apply to those websites. We suggest contacting the parties hosting those websites directly for information on their privacy, security, data collection, and distribution policies.

ASI has no responsibility or liability for the privacy, security, data collection and distribution policies of third parties and is not responsible for the privacy practices or the content of such websites. Links to such websites are provided for your convenience and You access them at your own risk.

Changes of Business Ownership and Control

ASI may, from time to time, expand or reduce its business and this may involve the sale and/or the transfer of control of all or part of ASI. Data provided by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Policy, be permitted to use the Data for the purposes for which it was originally supplied to us.

We may also disclose Data to a prospective purchaser of our business or any part of it. In the above instances, we will take steps with the aim of ensuring your privacy is protected.

Security

Data security is of great importance to ASI and to protect your Data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure Data collected via the Website.

If password access is required for certain parts of the Website, You are responsible for keeping this password confidential. You are responsible for maintaining the confidentiality of your account and for restricting access to your computer or other system through which you use and access the website.

We endeavor to do our best to protect your personal Data. However, transmission of information over the internet is not entirely secure and is done at your own risk. We cannot ensure the security of your Data transmitted to the Website.

Country of Merchant Domicile

The Country of Merchant Domicile Is The UAE.

Security capabilities and policy for transmission of payment card details

When you make a booking, you need to be registered and log¬ged into your account. From your account, we will capture your name, email addre¬ss, phone number and address listed. You will be required to manually enter your credit card details. This information ¬allows us to process and fulfill your order successfully.

We use a secure ¬server for all bookings made. The secure server software (SSL)¬ encrypts all information you input before it is sent to us. Furthermore, all of¬ the sensitive customer data we collect ¬is protected by several layers of encryption and several layers of security to -prevent unauthorized access.

All credit card payments are processed ¬securely through the Mashreq e-Commerce Gateway. Credit ¬Card payments are made directly through ¬a 256-bit SSL Encryption software to ensure your personal details are kept safe.

General

You may not transfer any of your rights under this Policy to any other person. We may transfer our rights under this Policy where we reasonably believe your rights will not be affected.

If any court or competent authority finds that any provision of this Policy (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this Policy will not be affected.

Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

This Policy is governed by and interpreted according to laws in force in the Emirate of Dubai. All disputes arising under this privacy policy are subject to the jurisdiction of the Dubai Courts.

Changes to this Privacy Policy

ASI reserves the right to change this Policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and You are deemed to have accepted the terms of the Policy on your first use.