PwnDepot.com (“Company”) is an online marketplace for games and accounts upon which users may offer for sale, sell, and purchase games and digital or virtual items (“Items”). PwnDepot does not own any of the items listed for purchase on the Website. PwnDepot serves as a middleman for transactions of Items on the Website.
This Website is offered and available to users who are eighteen (18) years of age or older. Minors are prohibited from offering for sale, selling, and/or buying Items on this Website and must have a parent or legal guardian consummate any transaction on their behalf. By using this Website, You represent and warrant that You are of legal age to form a binding contract with PwnDepot and meet all of the foregoing eligibility requirements. If You do not meet all of these requirements, You must not access or use the Website. If You are in a jurisdiction or territory in which access to the Website or its content is illegal, You must not access or use the Website. PwnDepot holds no liability for Your violation of applicable laws and You assume the risk of use of the Website.
- Accessing the Website
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion, without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.
- No Affiliates or Partners
PwnDepot is an independent company that does not have any online affiliates, subsidiaries, partners, or related websites. The only Website on which PwnDepot operates and facilitates transactions online is at the URL www.PwnDepot.com . Any other website or e-commerce site claiming or appearing to be affiliated, sponsored, partnered, endorsed, or otherwise related to PwnDepot is a spoof of our Website. Cybercriminals use spoof websites for nefarious purposes and You should always verify that You are using our Website by verifying that the correct URL appears in your browser window.
PwnDepot does not own any of the Items listed on the Website and PwnDepot serves as a middleman for transactions transacted on the Website. To provide this service, Sellers of Items must pay PwnDepot a fee in the form of an individually negotiated commission. No user account is required for PwnDepot to serve as the middleman for the transaction.
Selling an Item on the Website requires You to provide certain information including, but not limited to, Your name, email address, address, payment information, country of residence, and information pertaining to Your Item as requested by PwnDepot. You must provide accurate, complete, and updated information, identification details, and any other form of authentication which PwnDepot may request in its sole discretion.
You represent and warrant that the sale or transfer of any Item does not violate any agreement that You may have with any third party. You further represent that You own all rights, title, and interests to the Item, free of restriction on transfer or sale. PwnDepot shall not be liable for Your violation of any third party agreement that You are bound by.
In the event that PwnDepot agrees to facilitate a transaction for Your Item, we will contact You regarding details of Your Item to facilitate transfer. Once we have successfully secured the Item for transfer, we will provide You with payment of the commission within twenty-four (24) hours via a payment method selected by You through the Website.
After You sell an Item to PwnDepot, we will change as much identifying and personal information affiliated with the Item as possible. However, You understand and agree that in some instances there may be restrictions outside of our control in which we cannot change or alter an Item to remove Your personal information.
If You wish to make a purchase of an Item on the Website, You will be required to provide your name, address, phone number, email address, and payment information. You must provide accurate, complete, and updated contact information, identification details, and any other form of authentication that PwnDepot may request in its sole discretion.
Our standard hours of operation are 10:00 am – 10:00 pm EST (GMT-5) 7 days a week, excluding holidays. If You purchase an Item during our standard hours of operation, we will deliver the account within thirty (30) minutes, absent a service interruption to the server or Website. If the Item is purchased outside our standard business hours, it will be processed the following business day. All sales of Items from PwnDepot are final and You shall not be entitled to any exchanges or refunds. In the event that PwnDepot issues a refund prior to delivering the item or service, You shall not be entitled to delivery of the item or service.
5.3 Billing and Taxes .
If You fail to pay fees on time, or if Your credit card payment information is entered incorrectly or fails to process and You do not update payment information upon our request, Your access to the Website may be suspended or cancelled. Additionally, if You fail to make payment, for any reason, we reserve the right to report any missed payment to credit bureaus.
Unless otherwise stated, our charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are responsible for paying Taxes except those assessable against PwnDepot based on its income. We will invoice you for such Taxes if we believe we have a legal obligation to do so.
- Intellectual Property Rights
- Third Party Trademark Rights
All third party intellectual property (including word marks, logos and icons), referenced on the Website remain the property of their respective owners. PwnDepot’s use of third party trademarks does not indicate any relationship, sponsorship, affiliation, or endorsement between PwnDepot and the owners of these trademarks. Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any third-party trademark. Any references on the Website to third party trademarks is solely to identify the corresponding third party goods and/or services and shall be considered nominative fair use under the trademark law.
- Copyright Infringement
PwnDepot respects the intellectual property of others and asks that You do the same. Our Copyright Policy may be located here: https://www.PwnDepot.com/home/copyrightpolicy.
- Prohibited Uses
· In any way that violates any applicable federal, state, local or international law or regulation, including, without limitation, any laws regarding the export of data or software to and from the US or other countries.
· For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
· To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
· To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity, including, without limitation, by using e-mail addresses associated with any of the foregoing.
· To infringe the intellectual property rights of others.
· To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, You agree not to:
· Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
· Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
· Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
· Use any device, software or routine that interferes with the proper working of the Website.
· Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful to the Website or its servers or databases.
· Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
· Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the proper working of the Website.
- Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
- Information About You and Your Visits to the Website
- User Content
We, including third party partners and our affiliates, may ask You for Feedback (as further defined below) on Your experience with the Website and the services offered thereon. PwnDepot shall become the owner of any reviews, comments, suggestions or other feedback regarding the Website or services offered through the Website posted to the Website or on PwnDepot’s social media pages (collectively, “Feedback”) and it may share Feedback with any of its affiliates. PwnDepot will not be required to treat any Feedback as confidential and will not be liable for any Feedback posted on the Website or elsewhere. Without limitation, PwnDepot will have exclusive ownership of all present and future existing rights to the Feedback and will be entitled to use the Feedback for any commercial or other purpose whatsoever, including to advertise and promote PwnDepot, without compensation to You or any other person sending the Feedback. You specifically waive any “moral rights” in and to the User Content.
To the extent that You decide to post any content (“User Content”) on the Website or on PwnDepot’s social media pages, You agree that Your User Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless You have written permission from the rightful owner of the material or You are otherwise legally entitled to post the material and to grant PwnDepot all of the license rights granted herein. You acknowledge that You are responsible for whatever material You submit, and that You have sole responsibility for the Feedback, including its legality, reliability, appropriateness, originality, and copyright. PwnDepot may refuse to accept or transmit User Content and shall have the right to delete, edit, modify, reformat, excerpt, or translate any of Your User Content.
- Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for Your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third party websites linked to this Website, You do so entirely at Your own risk and subject to the terms and conditions of use for such websites.
- Right of Termination
- Disclaimer of Warranties
EXCEPT FOR THE WARRANTY IDENTIFIED IN OUR WARRANTY POLICY, www.PwnDepot.com/home/warranty, PwnDepot DISCLAMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Limitation on Liability
IN NO EVENT WILL PwnDepot, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Dispute Resolution
If the Dispute cannot be resolved by negotiations, either party may elect to have the Dispute finally and exclusively resolved by submission to binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. This arbitration provision limits Your and PwnDepot’s ability to litigate claims in court and to have the Dispute heard by a jury. You and PwnDepot are waiving the right to trial by jury. Arbitration shall be commenced and conducted by JAMS, pursuant to its Comprehensive Arbitration Rules (available on the JAMS webpage).
- Governing Law
- Waiver and Severability
- Entire Agreement
- Questions, Comments and Concerns
This website is operated by GameSupply® LLC, 8 THE GREEN, STE A, Dover, DE 19901. Feedback, comments, requests for technical support and other communications relating to the Website should be directed to: [email protected] or by registered mail at the appropriate address below:
Attention: PwnDepot Customer Service
8 THE GREEN, STE A
City: DOVER County: Kent
State: DE Postal Code: 19901