GameWisp Terms of Sale

Updated August 24, 2015

GameWisp, Inc. and/or their corporate affiliates (collectively, “us”, “we” or “GameWisp”) may from time to time make certain products, services, and/or digital content available to you (“ you ” or “ User ”) by through the GameWisp Service (the “Service”). By purchasing products, services, and/or associated content through the Service, you signify that you have read, understand and agree to the GameWisp Terms of Sale in effect at the time of such purchase (“Terms of Sale”). Your purchases and your use of the Service are also governed by the GameWisp Terms of Use (“Terms of Use”), which are incorporated herein by reference.

GameWisp, in its sole discretion, may amend, alter, or otherwise change these Terms of Sale without prior written notice at any time. GameWisp will provide notice of such changes as they occur in a manner determined by GameWisp such as by sending an email, posting a notice on the Service or placing a "Last Updated" date above. Any modified terms will apply to purchases made after such changes are posted. Please review these Terms of Sale prior to each purchase so you will understand the terms applicable to such transaction. By making a purchase on the Service, you agree to be bound by these Terms of Sale.

PLEASE READ THESE TERMS OF SALE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE.

1. Qualifications and Account Security
To make a purchase on the Service, you must be a registered GameWisp user and comply with these Terms of Sale and the incorporated Terms of Use. You agree and acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and accept responsibility for all purchases and other activities that occur under your account. GameWisp sells its Service only to those users who can legally make purchases with a credit card. If you are between the ages of 13 and 18 (or the legal age of majority in your state of residence), you may make purchases on the Service only with the permission of a parent or guardian. GameWisp reserves the right to refuse or cancel orders or terminate accounts at any time in its sole discretion.

2. Subscription Terms
GameWisp may offer certain products, services, and/or associated content in connection with the Service on a subscription basis with recurring payments (“Subscription(s)”). Subscriptions renew automatically, with payment due prior to each renewal. You agree to pay the applicable subscription fee in advance of receiving any such Subscription. GameWisp reserves the right to discontinue or modify any subscription fee payment options. If we discontinue or modify a subscription payment option, we will provide you with notice of such discontinuance or modification. To continue your Subscription, you must affirmatively consent to the new payment terms. If you do not affirmatively consent, your Subscription will be cancelled. Also, if you purchase products or services under any promotional subscription fee, additional restrictions may apply. Any such restrictions will be provided to you before you purchase the Subscription subject to the promotion. You are responsible for all charges incurred under your account. GameWisp reserves the right to deactivate your Subscriptions if payment is past due, regardless of the dollar amount.

3. Automatic Payments
By Subscribing, you hereby grant GameWisp permission to automatically charge the subscription fee to your chosen payment method at the beginning of each applicable payment period. Your Subscription and access to any related content will not be established until GameWisp has verified that the credit card or other payment information you provide GameWisp for payment is accurate and that your payment method account is in good standing. Recurring Subscriptions are currently charged on a monthly basis. You will be charged for the first month on the date that you purchase such Subscription. Thereafter, you will be charged on the 30th day following your last payment. If you do not agree with this payment schedule, do not purchase a subscription. You further agree that GameWisp may charge any other applicable fees for the Service, if any, to your payment method. You are required to keep your billing information current, complete and accurate (for example, if you move, be sure to update your billing address; if you get a new credit/debit card, make sure you update the card number and/or expiration date) and notify GameWisp if your selected payment method is cancelled (e.g., for loss or theft). Such notification can be made by changing your payment method (such as by adding a new credit card, paypal account, or other approved payment method). GameWisp reserves the right to suspend or terminate your Subscription and access to any related content that is a part of the Service without notice upon rejection of any charges or if your payment method (or its agent or affiliate) seeks return of payments previously made to GameWisp when GameWisp believes you are liable for the charges.

4. Subscription Cancellation
You may choose not to renew your Subscription at any time by selecting the “Cancel Premium” option under your “My Subscriber” page. Your cancellation is effective at the end of the current subscription term.

5. Tips
GameWisp may also provide you with the opportunity to pay certain amounts as tips (“Tip(s)”) through the Service. Tips may be paid on a one-time or recurring basis. In the event that you authorize a recurring Tip, such amount will be automatically charged in accordance with Section 3 of these Terms of Sale. Currently, Tips do not entitle you to any additional product, service, or content regardless of the size of the Tip. In the event that GameWisp allows Tips to redeem incentives, the terms contained in these Terms of Sale and the incorporated Terms of Use related to the delivery and performance of the Service and related products, services, and/or content will govern such incentives.

6. Content Creator Subscriptions/Tips
GameWisp may provide the opportunity to Subscribe to and/or Tip individual GameWisp channel owners (“Content Creators”). In the event that you purchase such Subscription or authorize such Tip, the terms related to Subscriptions and Tips contained in these Terms of Sale will apply. When you Subscribe to a Content Creator, GameWisp retains the following amounts from the subscription amount: $1 from any subscription above level 1 but below level 2, $2 from any subscription at or above level 2 but less than level 3, and $3 from any subscription at or above level 3, and so forth. The Content Creator would then receive the remaining amount after credit card fees are processed. regardless of the amount of the Subscription fee. Content Creators receive 100% of amounts given as Tips after credit card fees are processed. Credit card fees are typically 2.9% of each transaction plus 30 cents. That number is subject to change at any time based on the rates charged to GameWisp by the payment processor. GameWisp may, in its sole discretion, change the terms related to Content Creator Subscriptions and Tips from time to time. Notifications regarding these changes will be made in any manner authorized above.

7. No Refunds
When you make a purchase on the Service, you have immediate access to and use of the products, services and/or content you have purchased. Accordingly, you lose your right to cancel once you have made your purchase and we do not offer any refunds or credits, including fees for Subscriptions.

8. Chargebacks
In the event of a chargeback, your account will be immediately suspended and any channel you are subscribed to will be notified to discontinue fulfilment of any benefit to which you would otherwise have been entitled. If such chargeback was made in error, you may appeal by sending a message explaining the error which resulted in the chargeback and requesting reinstatement to [email protected] Reinstatement of your account will be within the sole discretion of GameWisp.

9. Payment Methods
We currently accept major credit cards, certain debit cards, PayPal and/or such other payment methods we may make available to you from time-to-time through our site, as forms of payment. You are subject to all terms and conditions of the payment method you choose. By submitting an order through the Service, you authorize GameWisp, or its designated payment processor, to charge the account you specify for the purchase amount. All payments are to be made in United States Dollars, except where other currencies are offered via the payment methods made available by GameWisp. If a purchase has been declined online due to issues with your payment method, please ensure all data is correct and resubmit. If the transaction is not accepted online, please contact us at [email protected] GameWisp may impose an additional transaction fee based on transactions associated with GameWisp Service, including a transaction fee applied to purchases from third parties. Such transaction fee will be disclosed to you prior to your consummation of the relevant transaction.

10. Delivery
With respect to products and services you purchase in connection with the Service, you acknowledge and agree that upon making such products, services, and any associated content available to you (or to their intended authorized recipients), GameWisp will have fully satisfied its obligation to deliver or otherwise provide such products, services and any associated content, regardless of any failure or inability to use such products, services or digital content.

11. Service Descriptions and Availability, Errors
GameWisp and its suppliers and licensors continually upgrade and revise the Service to provide you with new products and services. GameWisp may revise, discontinue or modify products and services at any time without prior notice to you, and such products and services may become unavailable without notice. GameWisp shall have no liability of any kind if a service that has been ordered is unavailable. If necessary, GameWisp reserves the right to cancel an order or substitute a product or service of equal or greater value when a product, service or any associated content is unavailable. We attempt to be as accurate as possible and eliminate errors on the Service; however we do not warrant that any products and services or description, photograph, pricing or other information of a product, service or associated content is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Service, in an order confirmation, in processing an order, delivering a product , service or associated content, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a service credit, with a value equal to the amount charged to your payment method. GameWisp reserves the right to determine and modify from time to time the exact nature of any such service credit, including conversion into one or more different types of credits. Your sole remedy in the event of such error is to cancel your order and obtain a refund or credit as set forth above.

12. Taxes
You are responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and GameWisp reserves the right to collect such taxes or other fees from you at any time.

13. Privacy
Your privacy is important to GameWisp. Please see our Privacy Policy for information relating to how we collect, use, and disclose your personal information.

14. Disclaimers
THE SERVICE OR ANY OTHER SERVICES MADE AVAILABLE THEREON ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. THE SERVICE AND/OR ANY OTHER PRODUCTS, SERVICES OR CONTENT MADE AVAILABLE THEREON ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. GAMEWISP AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS ("GAMEWISP PARTIES") DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. GAMEWISP CANNOT GUARANTEE AND DOES NOT WARRANT ANY SPECIFIC RESULTS FROM USE OF THE SERVICE AND RELATED PRODUCTS AND SERVICES. GAMEWISP DOES NOT REPRESENT OR WARRANT THAT ANY PRODUCTS, SERVICES OR ASSOCIATED CONTENT OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY ASPECT OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY RELATED PRODUCTS, SERVICES OR ASSOCIATED CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.

15. Limitation on Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GAMEWISP OR ITS AFFILIATES, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR PURCHASE OR USE OF THE SERVICE OR ANY RELATED PRODUCTS, SERVICES OR ASSOCIATED CONTENT EVEN IF GAMEWISP IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GAMEWISP’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO GAMEWISP FOR THE PRODUCT OR SERVICE FROM WHICH THE CLAIM AROSE, BUT IN NO CASE WILL GAMEWISP’S LIABILITY TO YOU EXCEED $1,000. YOU ACKNOWLEDGE THAT IF NO AMOUNT IS PAID TO GAMEWISP FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM GAMEWISP, REGARDLESS OF THE CAUSE OF ACTION.

16. Dispute Resolution
PLEASE READ THE FOLLOWING SECTION CAREFULLY AS IT REQUIRES YOU TO ARBITRATE DISPUTES WITH GAMEWISP AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM GAMEWISP. You and GameWisp agree to arbitrate any dispute arising from these Terms of Sale or your use of the GameWisp Service, except that you and GameWisp are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. AGREEING TO ARBITRATION PREVENTS YOU FROM SUING IN COURT OR HAVING A JURY TRIAL. You and GameWisp agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to GameWisp shall be sent to GameWisp, Inc., Attn: Legal, 1604 17th Avenue South, Nashville, TN 37212. You and GameWisp further agree to attempt informal resolution prior to any demand for arbitration. In the event that a resolution cannot be obtained, any arbitration will occur in Davidson County, Tennessee. Such arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of American Arbitration Association (AAA). The state or federal courts in Davidson County, Tennessee will have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the State of Tennessee and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and GameWisp will not commence a class action, class arbitration, or other representative action or proceeding against the other.

17. Indemnity
You will indemnify, defend and hold harmless GameWisp, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your purchase or use of any products, services or digital content, or any violation of this Agreement or of any law or the rights of any third party.

18. Other
These Terms of Sale, along with the Terms of Use, constitute the entire agreement between you and GameWisp regarding purchases you make on the Service and supersede any prior agreements relating to such purchases. The failure of GameWisp to exercise or enforce any right or provision of these Terms of Sale shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Sale shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be severed from these Terms of Sale and shall not affect the validity and enforceability of any remaining provisions. In the event of a conflict between these Terms of Sale and the Terms of Use, the Terms of Use shall be controlling. Please submit all questions regarding these Terms of Sale to [email protected]