Terms and Conditions
Updated 3-7-16
In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting MyGameGrade.com’s terms and conditions. “MyGameGrade.com”, “Ourselves”, “We” and “Us”, refers to MyGameGrade.com. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of MyGameGrade.com’s stated services/products, in accordance with and subject to, prevailing law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Privacy Statement
We are committed to protecting your privacy. Authorized employees within MyGameGrade.com on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. We will investigate any actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible
Confidentiality
We are registered under the Data Protection Act 1998 and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than our manufacturer/supplier(s) and if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
User understands by registering, user email will be collected into update/newsletter data base. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by MyGameGrade.com will only be in connection with the provision of updates, services and products. Users will always have the option of declining updates/newsletters.
Disclaimer
Exclusions and Limitations
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, MyGameGrade.com:
- excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or MyGameGrade.com’s literature; and
- excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised MyGameGrade.com of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
MyGameGrade.com does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Payment
Sales tax for GameGrade subscriptions, chart downloads and work is 8.25%.
Please email us at info@mygamegrade.com if you are interested in Template/Chart customization.
Our Terms are payment in full before your charts, Season Sets or grading templates are shipped, emailed or built- respectively. All charts are the price listed plus a sales tax of 8.25%. All PayPal transactions must clear before work is emailed.
Should an instance of non-payment occur, the user will incur a charge to cover fees and administrative costs. In an instance of a second non-payment, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
Cancellation Policy
Minimum 24 hours notice of cancellation required for all charts and grading templates. Notification via email or fax, or any other means will be accepted subject to confirmation in writing. We reserve the right to levy a $10 charge to cover any subsequent administrative expenses.
Agreement Policy
Any agreement between MyGameGrade and client for building/customization of charts or building/customization of grading templates will be finalized via email through: info@mygamegrade.com. For general price details go here. If you are a repeat chart customer, we will help you price-wise in any way we can. For repeat customer pricing, email us at info@mygamegrade.com. Completed charts will be emailed while finished grading templates will be posted for access after payment is received in full and payment has been fully processed. Should any payment not process completely, no chart will be emailed and no grading template will be posted for access.
See our cancellation policy above for more details.
Termination of Agreements and Refunds Policy
Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. This includes chart downloads. Once charts are downloaded or emailed, refunds will no longer be offered.
Availability
You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of MyGameGrade.com. MyGameGrade.com does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify MyGameGrade.com, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Log Files
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within MyGameGrade.com on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Cookies
Like most interactive web sites MyGameGrade.com’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.
Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. MyGameGrade.com will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright Notice
Copyright and other relevant intellectual property rights exist on all text relating to MyGameGrade.com’s services and the full content of this website.
MyGameGrade.com’s logo is a Registered Trademark of MyGameGrade.com in the United States and other countries. The brand names and specific services of MyGameGrade.com featured on this web site are trademarked .
GameGrade Charts are free for Registered Users. They are not to be reproduced without the GameGrade logo and copyright. They are not to be reproduced for profit. Any violation of copyrights reserved by MyGameGrade.com will be pursued.
Charts we are asked to build will hold the Copyright of the said chart or the submittee of that chart. GameGrade inherits the right to reproduce said chart, keeping said Copyright on the chart.
Example: GameGrade builds a hitting chart for Bill. The chart built for Bill will have a copyright credited to Bill. When Joanne requests the hitting chart, the colors-logo-team information will change but the copyright remains credited to Bill. We will honor any request to NOT reproduce a copyrighted chart. Please email info@mygamegrade.com if there are any questions or concerns.
Communication
Upon Registration, the email address used will be automatically signed up for GameGrade’s monthly updates. This is a free service of notification and users may unsubscribe at any time.
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via MyGameGrade.com’s stated telephone, facsimile or mobile telephone numbers.
Waiver
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
General
The laws govern these terms and conditions. By accessing this website and using our services/buying our products, you consent to these terms and conditions and to the exclusive jurisdiction of the United States courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of MyGameGrade.com to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of MyGameGrade.com.
Notification of Changes
MyGameGrade.com reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.
Other
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Terms of Use
SITE CONTENTS, OWNERSHIP, AND USE RESTRICTIONS
The information contained in this Site including all images, illustrations, designs, writings and other materials that appear herein are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed (all of which, collectively, are herein referred to as the “Contents”) by GameGrade or are the property of their respective owners.
Permission is granted to download, modify, and print the GameGrade Chart designs that are available from this site. You may use the Printable GameGrade Chart for your personal, organizational, or business use. However, you may not distribute, republish, display, post electronically or mechanically, transmit, record, in any manner mirror, or reproduce electronic versions of the Printable GameGrade Chart designs without the prior written permission of GameGrade.
Please note that the permission granted herein terminates automatically if you breach any of these Site terms or conditions. Any other use of the Contents on this Site including reproduction for purposes other than as noted above, and including any reproduction, modification, distribution, or republication may violate copyright or trademark laws, and, without the prior written permission of GameGrade, is strictly prohibited.
Any chart/chart idea/chart drawing, photo, scan, etc. handed over to GameGrade via Upload or Email allows GameGrade the right to change/modify/market said property. The owner grants GameGrade rights to modify/market and re-sell versions of the said property
PayPal
By using our PayPal Buy Now method of payment, users of MyGameGrade.com agree to pay for charts/packages and services by credit card or through PayPal account.
Timeline:
-GameGrade Charts will be emailed within 48 hours of formal payment notice from PayPal.
-Customized chart clients will be notified via email within 24 hours of formal payment notice from PayPal as to when customization* will begin. Please upload/email logos and info upon completion of transaction.
-Season Sets clients will be notified via email within 24 hours of formal payment notice from PayPal
as to when customization* will begin. Please upload/email logos and info upon completion of transaction.
-Chart Building/Chart Adjustment clients will be notified via email within 24 hours of formal payment notice from PayPal as to when customization* will begin. Please upload/email logos and info upon completion of transaction.
Note: -All terms and conditions of mygamegrade.com apply.
-All terms and conditions of PayPal apply
*Generally, GameGrade will begin work on the same day we receive your chart information and have received your specific chart specifications either through our upload page or via email.
DISCLAIMER OF WARRANTY
GAMEGRADE IS PROVIDING THIS SITE AND ITS CONTENTS ON AN “AS IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALTHOUGH GAMEGRADE BELIEVES THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, GAMEGRADE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT.
DISCLAIMER OF LIABILITY
IN NO EVENT SHALL GAMEGRADE BE LIABLE FOR SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENTS OF THIS SITE OR FILES DOWNLOADED FROM IT.
In an effort to provide our customers with the most current information, GameGrade will, from time to time, make changes in the Contents and in the products or services described on this Site.
TERMS OF USE REVISIONS
GameGrade may revise these terms of use by updating this posting. You agree that in the event any portion of these Site terms of use are found to be unenforceable, the remainder of these Site terms and conditions shall remain in full force and effect. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms of use to which you are bound.
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
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