By using the Gamer Hustle Marketplace as Publisher you agree to and accept the Terms and Conditions set out below including all policies and codes of conduct referred to in them. We may update or amend the Terms and Conditions from time to time. If we do amend them, we will notify you by email with a link to the updated terms. It is your responsibility to check for such notices. You must read and accept the Terms and Conditions before using the Gamer Hustle Marketplace and once you have accepted them they form the basis of a legal agreement between you and us.
By accessing, browsing, downloading a game and/or using the Services, you represent to Gamer Hustle that you have read, understood and agree to be bound by these Terms and all applicable local, state, national and international laws and conventions, including without limitation all intellectual property laws. Gamer Hustle reserves the right, at its sole and absolute discretion, to deny any user access to any Services, without notice. If you violate any of the Terms, Gamer Hustle may, at its option, give you a warning notice of violation or terminate your account immediately for violation of the Terms.
By your use of the Services, you agree that you are either 13 years of age or older or possess legal parental or guardian consent to use the Services, and that you are fully able and competent to understand and accept these Terms as a binding contract and to abide by all Terms. If you are under 13, your parent or guardian agrees to these Terms on your behalf and is responsible and liable for your compliance with the Terms. You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party and only in a manner that complies with all laws that apply to you.
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. Gamer Hustle may modify these Terms at any time, with or without notice to you, by posting the modified Terms on our websites. Your continued use of the Services after such modification shall be deemed to be your acceptance of any such modification. Any such modification will only apply to matters and events that occur following the date of modification. It is your responsibility to check these Terms regularly to determine whether they have been modified.
Gamer Hustle’s role is to make sales of games on our website and the Content Creator are responsible for promotion of these Publishers games on YouTube and Twitch respectively; once a Publisher accept a request from Content creator for the promotion of its affiliate link, a binding contract is formed between the two party (Publisher and Content Creator). Gamer Hustle is and will not be responsible for such relationship and contractual agreement; We will not be liable for any damages or loss consequent to the relation between a Publisher and Content Creator.
When a consumer clicks on a game link in any of our affiliate Website or application (YouTube or Twitch), the individual will be directed to the game download page on our website – https://www.gamerhustle.io, to further proceed in the purchase of the game. The Consumer will be subsequently sent the Steam key for the game by Gamer Hustle via user email. Game Steam keys are required for the activation and unlock of the game application downloaded.
Publisher are obliged to register on our platform to upload their games on the website; in this process Publisher will connect a stripe account to our Stripe platform or provide a valid PayPal email to receive their payouts, and, Publisher will also add the Steam game keys that they intend to sell.
Gamer Hustle will process payments made by Consumers in respect of transactions made in the Marketplace and pass such payment to the relevant Parties on the Consumers’ behalf in accordance with the terms set out herein.
Gamer Hustle reserves the right to remove, delay, suspend or terminate any transaction or Listing at our discretion if we believe that either the Publisher or the Consumer is in breach of the applicable terms and conditions.
Gamer Hustle has the right to design, vary and otherwise to determine the content, appearance, design look and feel, functionality and all other aspects of the Marketplace.
Gamer Hustle reserves the right to discontinue the Marketplace, to terminate the registration of any User and to remove any Listing at its sole discretion.
The Services provide you with access to a variety of resources, materials and downloads, and may allow you to access content made available by other users of the Services. Such content may include, without limitation, game levels, content creation tools, audio, video, film, music, text, communications, software, graphics, images, and information. All such content made available by you or by other users of the Services is referred to in this Agreement as “User-Generated Content.” As between Gamer Hustle and you, you own the copyright in any User-Generated Content that is exclusively created by you. You expressly acknowledge and agree that any User-Generated Content that you make available through the Services may be made freely available by Gamer Hustle to others, including without limitation for download by others.
You further acknowledge and agree that this permission is made and granted by you in consideration of your use of the Services, and that this permission constitutes (and you hereby grant) a world-wide, non-exclusive, perpetual, royalty-free, irrevocable and transferable license to Gamer Hustle to use, copy, perform, display and distribute such User-Generated Content, and to grant and authorize sublicenses of such User-Generated Content to others.
From time to time you may disclose, submit, or offer to Gamer Hustle comments, feedback, suggestions, game features, level designs, and other submissions (“User Ideas”). You hereby grant a world-wide, non-exclusive, perpetual, royalty-free, irrevocable and transferable license to Gamer Hustle to use, copy, perform, display and distribute such User Ideas, and to grant and authorize sublicenses of such User Ideas to others.
Subject to your compliance with these Terms, Gamer Hustle hereby grants you (Consumer) a non-exclusive, non-transferable, limited and revocable right and license to install and use one (1) copy of each Game solely and exclusively for your personal and non-commercial use of the game on a single game system (e.g., computer, mobile device, or gaming console) that you own or control. For clarity, the foregoing does not prohibit you from installing and using an additional copy of each Game on a different game system. These Terms shall also apply to any patches or updates you may obtain for the Games.
The use of the Service and/or games downloaded from our platform involves hardware, software, and Internet access, your ability to use the Service and/or games may be affected by these factors. You are responsible for being aware of any particular system requirements of any game and for your ability to meet such requirements, which may change from time to time. Applicable system requirements at the time of purchase can be found on the game’s description section.
DUPLICATION, COPYING OR ANY FORM OF REPRODUCTION OF THE GAMES OR RELATED INFORMATION, MATERIALS OR OTHER CONTENT TO ANY OTHER SERVER OR LOCATION FOR THE PURPOSES OF DUPLICATION, COPYING OR ANY OTHER FORM OF REPRODUCTION IS, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, EXPRESSLY AND EXPLICITLY PROHIBITED. Your use of any of the Games is governed by Gamer Hustle’s End User License Agreement.
You are solely responsible and liable for any User-Generated Content that you upload, post, input, publish or otherwise distribute using the Services. As a condition of your use of the Services, you agree not to use the Services for any unlawful or prohibited purpose.
You may use the Website only for lawful purposes and by these Terms and Conditions. You agree not to use the Website:
You should not post any User-Generated Content if you are in doubt about its legality or its prohibition by the Terms. You hereby acknowledge that Gamer Hustle shall have the right at its sole discretion to monitor, verify ownership or prove originality of any game (or any User-Generated Content) uploaded by Publishers on the platform. Gamer Hustle may, without notice to you, remove or block any User-Generated Content, including disabling access to such User-Generated Content.
Gamer Hustle also may terminate your access to the Services and refer the User-Generated Content to law enforcement if it is in violation of any federal, state or local law or regulation.
Gamer Hustle (within its sole discretion) expressly reserves the right to ban you or terminate your access from, or limit your access to, the Services temporarily or permanently for failure to comply with the restrictions and limitations contained in these Terms, and such failure to comply may subject you to civil and/or criminal liability.
You may terminate these Terms by discontinuing all use of the Service and providing notice of such to Gamer Hustle. Gamer Hustle reserves the right to collect fees, surcharges or costs incurred prior to such termination. You will also remain liable for any charges incurred to your payment providers prior to such termination. You understand and agree that any termination by you or Gamer Hustle will result in your permanent inability to access your account or credit information on our platform, your download page and to download any Products associated therewith, and you will forfeit any right to any game not already in your possession and any balance in your account Wallet.
Publishers agree not to use any Consumers’ e-mail addresses or any other information to send marketing e-mails or other similar materials directly to Consumers. This restriction further applies to the packaging of an Order, which should not include any promotions or information relating to a Publisher’s own website.
Publishers have the right to access their stored data, to rectify them if required and to object to the storage of their data for legitimate purposes.
You will not be able to use the Marketplace as a Publisher until you have registered, accepted without change, these Terms and Conditions; and agreed to comply with the obligations that they place upon you as Publisher as the case may be each and every time that you upload anything using the Marketplace or otherwise use the Marketplace, including when you List a game as a Publisher. If you do not accept these Terms and Conditions, you may not register for or access the Gamer Hustle Marketplace as a Publisher or use any of the related services.
If you register as a consumer; you are required to provide certain Personal Data including your real name, an address at which you are resident, a phone number on which you can be contacted, an email address that you access regularly, details of a bank account acceptable to Gamer Hustle. Any information that you provide to us whether as part of the registration process or otherwise must be truthful, correct and complete. You promise that it is correct at the time you provide it and that you will update it immediately if any part of this information changes.
The use of the Gamer Hustle Marketplace services is limited to Consumers, Publishers and Content Creators that can lawfully enter into contracts under the laws of U.S. as well as those of their country of residence, including such restrictions, including but not limited to age restrictions, as Applicable Law imposes.
When you register as a Publisher or Consumer you will be required to set a password for your account. This is for your security. You must at all times keep your password secret and secure and you should not under any circumstances disclose this information to any other person. You are responsible for any use made of your account and for any activity on your account or in the Marketplace in general using your log-in and/or password details whether or not you have authorised such activity. If therefore you have any reason to believe that your password has been compromised or become known to anyone else, you must change it immediately for your own protection. You should always use a strong password incorporating both letters and numbers as well as upper and lower case characters and should not choose a password that is easy to guess.
We reserve the right at our sole discretion, to reject any application from a Publisher to register to use the Marketplace, or to suspend or remove any such registration, where we believe that such refusal or suspension or removal is in our best interests or in the interests of any other User or of the Marketplace or Website in general. Gamer Hustle shall not be required to give reasons for any such refusal, removal or suspension.
All payments relating to the purchase or sale of a game by a Consumer and Publisher must be handled by us. You agree not to upload games listed in the Marketplace through any other payment method or accept payment through any other payment method, except as stipulated on the website (via: PayPal, Stripe payment).
Gamer Hustle may implement marketing and promotional programs in which users are offered benefits, considerations or rewards based upon the performance of specified activities, the satisfaction of specified requirements, or other criteria. Any such program, including the eligibility and selection of users, the award, compensation or other benefit to be granted users, if any, and the duration, shall be at the sole and absolute discretion of Gamer Hustle. You acquire no right or interest to participate in such program or to the impartial implementation of the program and distribution of any awards, compensation or benefits. You hereby expressly waive and disclaim any such right or interest. To the extent such program may involve one or more third parties and permitted by applicable law, you further expressly waive and disclaim any such right or interest against such third party. Gamer Hustle may elect in its sole and absolute discretion to contact you with regard to a program. You hereby expressly authorize Gamer Hustle to contact you by means of the contact information you have provided to Gamer Hustle.
Additional terms and restrictions may apply to you if you choose to participate in promotional programs.
Solely as a convenience to you, Gamer Hustle may provide links on the Services to other websites owned by third parties. Further, the Gamer Hustle Services may be available to you through third-party websites, platforms and/or services. Unless otherwise expressly stated, Gamer Hustle does not control these third parties or their offering, and assumes no responsibility for them or the content contained therein.
The Services are controlled and operated by Gamer Hustle in the United States. To the extent permissible by applicable local law and except as expressly set forth in these Terms, Gamer Hustle makes no representations or warranties, either express or implied, that Services and other materials available through the Services are appropriate, legally permissible or available for use in other locations. Whether or not you use the Services inside the United States of America, you agree to abide by any applicable export control laws and not to transfer, by electronic transmission or otherwise, any User-Generated Content, software or other materials subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Services any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.
GAMER HUSTLE AND ITS LICENSORS DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE AND INFORMATION CONTAINED THEREON AND/OR THE PRODUCTS WILL BE SATISFACTORY, UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME GAMER HUSTLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY GAMER HUSTLE) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, AND GAMER HUSTLE AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. THIS WILL NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, GAMER HUSTLE (AND ITS LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON, WHETHER UNDER CONTRACT OR OTHERWISE, FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, AND/OR (B) ANY AMOUNT PAID AND/OR PAYABLE BY YOU TO GAMER HUSTLE IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND GAMER HUSTLE’S REASONABLE CONTROL. GAMER HUSTLE CANNOT AND WILL NOT BE RESPONSIBLE FOR ANY LOSS OF YOUR USER-GENERATED CONTENT OR ANY INTERRUPTIONS OF SERVICE, INCLUDING BUT NOT LIMITED TO ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR A DISRUPTION OF SERVICE.
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Gamer Hustle, its officers, directors, employees and agents, from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney fees) arising from your use of the Services, your violation of any of the Terms, your violation of any third-party right, including without limitation any copyright, trade secret, privacy or property right, or any claim that your User-Generated Content caused damage to a third-party.
Any delay or failure by us to enforce any of the provisions of these Terms and Conditions does not imply waiver by us of the right of enforcement and we reserve all such rights of enforcement.
If any term of these Terms and Conditions or the contract between us arising from your acceptance is deemed invalid, void or unenforceable, that term will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
You may not assign, novate or otherwise transfer, the contract created by your acceptance of these Terms and Conditions or any rights or obligations there under without our prior written permission. We may assign, transfer or otherwise transfer our rights and obligations to another member of the Gamer Hustle Group or to any acquirer of any substantial part of the Gamer Hustle business or the assets of Gamer Hustle.
Your use of the Website and the Marketplace is on an as-is basis and we give no warranty that the performance or functionality of the Website and the Marketplace will meet your requirements. You therefore use them as well as any services provided through the Website at your own risk. We make no warranties that the Website and the Marketplace will be uninterrupted or without error or that the specification and quality of any game that you buy through the Marketplace will meet your expectations. We may temporarily suspend access to the Website and the Marketplace for maintenance and development purposes.
We will send notices and other communications to you at the e-mail address you have provided to us or by posting them on the Website or by first class post. You must send all notices and other communications to us by email or by using the applicable Contact Us link on our website. Any notices sent by e-mail or via the Contact Us button will be deemed to have been received 24 hours after the time sent by the sender. Any notices posted by us on our Website will be deemed to have been received when you next use the Website, unless they are deemed to have been received at an earlier date under the provisions above in this Condition.
We will not be liable for any delay or failure to perform any of our obligations where we are prevented or delayed by factors beyond our reasonable control including but not limited to any failure or disruption of internet services or connectivity, any scheduled or unscheduled maintenance requirements, failure or disruption of public utilities, fire flood or storm, industrial disputes or any Force Majeure Event.
If you have a dispute with Gamer Hustle you must send written notice either by (a) sending an email to [email protected] or (b) writing to Gamer Hustle LLC., at: 4108 Windsor Pkwy 75205 Dallas,TX: legal/arbitration, to give gamer hustle the opportunity to resolve the dispute informally through negotiation. You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute. If Gamer Hustle does not resolve your Dispute within 60 days from receipt of notice of the Dispute, you or Gamer Hustle may pursue your claim in arbitration pursuant to the terms in this Section.
ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND GAMER HUSTLE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE PROCEEDINGS. THE WAIVER IN RELATION TO YOUR PARTICIPATION IN CLASS ACTIONS IN THESE TERMS IS NOT APPLICABLE TO THE EXTENT SUCH WAIVER IS PROHIBITED BY LAW.
If you or Gamer Hustle elect to resolve your Dispute through binding arbitration, the party initiating the arbitration proceeding may initiate it with the Judicial Arbitration and Mediation Services, Inc. (JAMS), www.jamsadr.com. The terms of this Section govern in the event they conflict with the rules of the arbitration organization selected by the parties.
Subject to these Terms, any Dispute shall be finally settled in English, in accordance with the Streamlined Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
You agree that the Services shall be deemed exclusively based in the USA, and these Terms shall be deemed to have been made and executed exclusively in the US. Any dispute arising out of these Terms shall be resolved in accordance with the laws of the State of Texas, USA without reference to its conflict of law provisions or the United Nations Convention on Contracts for the International Sale of Goods.
As an online service provider, Gamer Hustle has adopted the following general policy regarding copyright infringement in accord with the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”). The address of the Gamer Hustle Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is:[email protected]
It is Gamer Hustle’s policy to block access to or remove content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any user or other content provider, and remove and discontinue service to repeat offenders. If you believe that User-Generated Content or other material residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement to the Designated Agent. The notice of infringement should conform to the elements of notification listed above. Once proper infringement notification is received by the Designated Agent, Gamer Hustle may remove or disable access to the claimed infringing User-Generated Content or other material; notify the accused infringing party that it has removed or disabled access to the User-Generated Content or other material; and determine appropriate measures to prevent recurrence by the accused infringing party.
If the accused infringing party believes that the material that was removed is not infringing, or s/he believes that s/he has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, s/he may send us a counter-notice containing the following information to the Designated Agent:
The Website, the App and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), except for User Contents (which are licensed to Us pursuant to the User Contents section below), are owned or licensed by Gamer Hustle, its licensor or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.