Jiggster.com - Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE JIGGSTER SITE OR ANY ASSOCIATED SERVICES SUCH AS MOBILE APPLICATIONS. BY USING, VISITING OR BROWSING THE JIGGSTER SITE OR ANY ASSOCIATED SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE, YOU DO NOT HAVE ANY RIGHT TO USE THE JIGGSTER SITE OR ANY ASSOCIATED SERVICES.

Our services are available only to individuals who can form legally binding contracts under applicable law. If you are under 18 years old, you can use this service only in conjunction with and under the supervision of a parent or guardian. If you do not qualify, please do not use our services. Our site acts as a marketplace for members to list, sell, buy and trade items. We are not involved in the actual transaction between users. As a result, we have no control over the quality, safety or legality of the items advertised the truth or accuracy of the listings, the ability of users to complete their trades. In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretence. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Company and any User of the Jiggster service.

The Web pages available at www.Jiggster.com, at associated sites managed by Jiggster (PGN Ltd), and all linked pages ("Site"), are owned and operated by Jiggster (Phoenix Games Network Ltd, Second floor, Cardiff house, Tilling Road, London, NW2 1LJ) ("Company"), a UK limited company, and are accessed by you ("User") under the following terms and conditions:

1. ACCESS TO THE SERVICES. Subject to the terms and conditions of these Terms of Use, Company may offer to provide certain services, as described more fully on the Site, which are selected by User through the functionalities provided on the Site ("Services"), solely for User's own use, and not for the use or benefit of any third party. Services may include, without limitation, enabling User-to-User trades, sales, and purchases ("Transactions") of video games or other goods ("Products"), serving as an information exchange among Users, and other services. Company may change, suspend or discontinue the Services at any time, with or without notice, including the availability of any feature, database, or content and changes which may affect User's ability to accrue, use or redeem Points (as defined in Section 2). Company may also impose limits on certain features and services or restrict User's access to parts or all of the Services without notice or liability. Company reserves the right, at its discretion, to modify these Terms of Use at any time without notice by posting a new version on the Site under the "Terms of Use" hyperlink or elsewhere. Use of the Site or Services by User following such change constitutes User's acceptance of the terms and conditions of the Terms of Use as modified and the most current version of the Terms of Use will supersede all previous versions. User agrees that User's use of the Services and the Site and engaging in Transactions through the Site are at User's own risk.

REGISTRATION AND SECURITY. As a condition to using the 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.

2. SITE CONTENT. All materials displayed or performed on the Site, including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips (collectively, the "Content") are protected by copyright and trademarks. The Site and all Content is intended solely for use by Company's Users and may only be used in accordance with these Terms of Use. User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.

RESTRICTIONS ON USE. The Site is protected by copyright as a collective work and/or compilation, pursuant to U.K. 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.

3. USER RESPONSIBILITIES IN USING THE SITE. User is responsible for all of its activity in connection with the Services and in accessing the Site, including, without limitation, all of User's activities in completing Transactions and any activity by User that is fraudulent, abusive, or otherwise illegal (for examples of fraudulent activity, see Section 5 below). Without limiting any of User's responsibilities, User acknowledges and agrees to the following restrictions:

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.

4. COMPLETION OF TRANSACTIONS. Users are required to complete all Transactions they have accepted (whether as buyer or seller) in a timely manner, in accordance with Site rules and these Terms of Use, and to one another's full satisfaction.

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 any exchange of goods or services law, 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.

5. FRAUDULENT ACTS. User agrees not to commit fraud using the Site or Services. Examples of fraud include, but are not limited to, committing to send a Product but not actually sending it, or sending it after an unreasonable delay, claiming a Product was never received when in fact it was, claiming a Product is lost, broken, incorrect, scratched or otherwise problematic when it is not, claiming to own a Product that User does not own the rights to, creating a different User ID to avoid adverse action by the Company, and other similar actions. In addition, the following related policies apply.

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 or similar compensation to the individual 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 or compensation to the individual 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.

Infringement. Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design and trademark (e.g. offering counterfeit items for sale). A large number of products of all sorts are offered on Jiggster by private individuals in the UK and other global Companies territories. Entitled parties, in particular owners of copyright, trademark rights or other rights can report any advertisement which may infringe on their rights, and submit a request for such advertisement to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by Company.

Reporting an infringement: In order to participate in the Notice of Infringement Programme, you only need to complete a Notice of Infringement Form and send it by post to Company. You can use this form, complete with your signature, to report advertisements which may infringe on your property rights. The information requested in the Notice of Infringement Form is for the purpose of ensuring that the parties reporting these objects are either the entitled party or their officially authorized representative. This information must also enable Company to identify the advertisement to be removed. Once we have received your correctly completed Notice of Infringement Form, you can simply send later reports to Company via the e-mail address provided.

Note: This form can only be used by the lawful owners of the relevant intellectual property rights. The "Notice of Infringement" is intended to enable rights owners to ensure that products offered by Company users do not infringe their copyright, trademark rights or other intellectual property rights.

7. THIRD PARTY LINKS. The Company Site or Services may contain links or references to third party websites. User acknowledges that the Company is not responsible for these websites, has not reviewed such websites, has no control over such websites, and is not in any way liable for Content that appears on these third party websites.

8. COOKIES. The Company may place a cookie or other small text file on any computer from which a User accesses the Site or Services.

9. FEES, PAYMENT, CREDIT CARD PROCESSING. Some Company Services require payment of fees. User hereby agrees to pay all applicable fees, as described on the Site in connection with such Services selected by User. User hereby authorizes Company automatically to charge User's credit card account for any and all fees incurred by User in using the Site or Services, without the need to provide any further notice to User of the fees so incurred. Company reserves the right to change its price list and to institute new charges at any time. Use of the Services by User following such changes constitutes User's acceptance of any new or increased charges. User acknowledges that all payments for Services offered by the Company are managed by a digital payment platform serviced by PayPal. Credit card information is entered by Users directly on the online payment provider's secure website. The Company does not collect credit card information and is not permitted to access this information during payment. User agrees that the Company shall not be liable in the event of error, fraud, identity theft, or other problems with credit card processing or online payment processing. However, we reserve the right not to refund the Company users for any fees paid through use of our sites, services, applications and tools in the following cases:

Please note that the above list is not exhaustive. See the Companies Help Page for more details on the cases in which you may, or may not, be entitled to a refund of such fees.

10. PRIVACY POLICY. Usage of the Site or Services and any information submitted therein is subject to the Company's Privacy Policy. Users are advised to review this Privacy Policy. The Company shall maintain the privacy of User's personal information in accordance with the Privacy Policy. The Company shall not be liable for the privacy of any information published by any User on the Site or transmitted by any User to any other User, including, without limitation, e-mail addresses, registration and identification information, personal information, confidential or trade-secret information, or any Content. Personal Information. By using Jiggster, you agree to the collection, transfer, storage and use of your personal information by Company on servers located in the Amazon cloud and as further described in our Privacy policy. You also agree to receive marketing communications from us unless you tell us that you prefer not receive such communications.

11. DATA PROTECTION ACT 1998: COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB-SITE LINKED TO THE SITE. The Company reserves the right to monitor transmissions over its network for maintenance, service quality assurance, or any other purpose permitted by the Data Protection Act 1998.

12. WARRANTY DISCLAIMER. THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

13. RELEASE; INDEMNITY. By using the Services on the Site, 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 the Site, the Services, any Transaction effected on the Site, the accrual, crediting or use of Points, or otherwise arising from or in connection with the Site, the Services, Points or any Transaction.

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.

INDEMNITY. User will indemnify and hold Company, its parents, subsidiaries, affiliates, officers, employees, and agents harmless from and against all damages, costs, and expenses (including reasonable attorneys' fees), incurred in connection with any claim or demand made by any third party arising from (i) User's use of or access to the Site or Services, (ii) User's violation of these Terms of Use, or (iii) the infringement by User, or by any third party using User's account, of any intellectual property or other right of any person or entity. User hereby releases Company from any and all liability arising in connection with the acts or omissions of other Users or of any other third parties, including, without limitation, any liability relating in any way to the Content or to any Transaction.

14. LIMITATION OF LIABILITY.

Nothing in these terms shall limit our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do. We do not review users' postings and are not involved in the actual transactions between users. As most of the content on Jiggster comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what's offered. In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

You acknowledge that we cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the operation and availability of our sites, services, applications or tools. Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of, or inability to use Jiggster, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 25 Pounds Sterling. Whereby Company shall never compensate via cash transactions, but may ensure that User will receive the actual physical good(s).

15. COMPANY RIGHT TO TERMINATE USER ACCOUNT. Notwithstanding anything in these Terms and Conditions to the contrary, the Company reserves the right, in its sole and absolute discretion, to suspend or terminate a User's account or a User's access to the Site or Services at any time, with or without notice, for any reason or for no reason. Upon termination of the User's account, User's right to access the Site and any Content, and to use Company Services, will immediately cease and all accrued Points shall be forfeited.

16. OTHER COMPANY REMEDIES. Without limiting other remedies available hereunder or at law or equity, Company may limit User's activity, warn other Users of User's actions, issue a warning, temporarily suspend, or indefinitely suspend User's account and refuse to provide access to the Site or Services to User if: (a) User breaches these Terms of Use or the documents it incorporates by reference; (b) Company is unable to verify or authenticate information that User provides; or (c) Company believes that User's actions may cause financial loss or legal liability for the User, for other Users, or for the Company.

Third party rights. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.

17. MISCELLANEOUS. The failure of Company to exercise in any respect any right provided for herein shall not be deemed a waiver of that or any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company's reasonable control, including, but not limited to, mechanical, electronic, or communications failure or degradation (including "line-noise" interference). If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable. These Terms of Use are not assignable, transferable or sub-licensable by User except with Company's prior written consent. These Terms of Use shall be governed by and construed in accordance with the UK law. User agrees that should a dispute arise between User and the Company regarding these Terms of Use, any litigation or arbitration will take place in the UK. User agrees that these Terms of Use are the complete and exclusive statement of the mutual understanding of User and the Company, and supersede all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms of Use. No agency, partnership, joint venture, or employment is created as a result of these Terms of Use and User does not have any authority of any kind to bind Company in any respect whatsoever.

Latest Update: 28.11.2013