Terms and Conditions

GameStar Terms of Use

Version: 1.0

Last revised: January 2022

1. GENERAL

These GameStar Terms of Use are entered into between you (hereinafter referred to as “you” or “your”) and GameStar [company particulars – jurisdiction of registration, registered office address, and company number]. By accessing or using any GameStar services, you agree that you have read, understood and accepted all of the terms and conditions stipulated in these Terms of Use [, as well as our Privacy Policy at www….].

PLEASE READ THESE TERMS OF USE CAREFULLY! THEY CONTAIN IMPORTANT PROVISIONS INCLUDING AN ARBITRATION PROVISION THAT REQUIRES ALL CLAIMS TO BE RESOLVED BY WAY OF LEGALLY BINDING ARBITRATION.

These GameStar Terms of Use and their amendments form a legal agreement covering the provision of services from GameStar to you. The GameStar exchange is a decentralised peer-to-peer exchange built on Polkadot for gift cards, game items and NFTs (“Assets”). GameStar facilitates the purchase and sale of Assets with a number of supported virtual assets.

Our users post offers to either buy or sell Assets. The creator of the offer specifies the terms of the transaction. When an offer is accepted by another GameStar exchange user the virtual assets of the buyer are locked in a smart contract and the seller has certain period of time, which is typically an hour and is called a locking period, to deliver the Assets that are being sold.

The parties must use our encrypted chat to communicate in relation to the transaction and negotiate and agree on all additional terms and conditions surrounding the purchase of the Assets in question.

During the locking period the seller can cancel the transaction, but the buyer cannot. If the seller cancels, the transaction the buyer’s locked virtual assets would be released back to the buyer by the smart contract.

After the locking period ends, each of the buyer and the seller can start a dispute procedure if they are not satisfied with the transaction.

Please note that all transactions are hosted in smart contracts and the users manage their own private keys, we are not in custody of your assets and are not responsible for them and their safety.

Traders are incentivised with utility tokens (GMS) in a play to earn model to participate in the ecosystem by selling more and more of their Assets.

2. NATURE OF THE SERVICES

GameStar acts as a marketplace that provides a forum and an additional layer of security for the trading parties in the form of a dispute resolution mechanism. GameStar is not exchanging any of the Assets itself and is not a party to the transactions between buyers and sellers.

GameStars does not act a payment service provider. All liability for sending and receiving payments and confirming the validity of the transactions lies between the buyer and seller.

GameStar does not store or custody any Assets or virtual assets for the exchange users as those are always stored on their respective networks or blockchains. All virtual asset transactions occur within the virtual asset network, not on GameStar. There are no guarantees that the transaction will be processed on the virtual asset network or how quickly this would happen.

We reserve the right to refuse to process any transaction if required by law or if we deem the transactions to be suspicious or related to an illicit or suspicious activity. You hereby accept and acknowledge that you take full responsibility for all activities that occur under your wallet and accept all risks of any authorized or unauthorized access to your wallet, to the maximum extent permitted by law.

We are not responsible for any user-generated content including but not limited to chat messages, feedbacks or advertisements and may remove said content without notice (unless such notice is required by applicable law) or liability at any time in our sole discretion.

We reserve the right to modify or discontinue, temporarily or permanently, all or any part of the exchange service and/or any other services on our website, with or without notice, and/or to establish general guidelines and/or any limitations on their use.

3. ACCOUNT

In order to use our services, we would need to collect basic information about yourself like a nickname and a virtual asset wallet address. We reserve the right to request additional information which could include information about your name, address and other personal information necessary to comply with applicable law, to verify your identity or to understand the commercial logic behind any transaction at any point in time. We may, in our sole and absolute discretion, refuse to open or suspend your account and discontinue to provide services to you. You are solely responsible for keeping your account credentials and private keys safe.

4. CHAT

The GameStar exchange uses a chat encryption protocol, based on 256-bit symmetric AES encryption, RSA 2048 encryption and Diffie-Hellman secure key exchange protocol. We sign all chat messages with an on-chain private key in order to timestamp messages and ensure that the information exchanged is not tampered with by anyone. IT IS IMPORTANT TO USE OUR CHAT SO THAT IN CASE OF A DISPUTE THE EXCHANGED MESSAGES CAN BE USED AS A PROOF. If you exchange messages outside the platform, this could prejudice the effectiveness of the dispute procedure.

5. GIFT CARDS

We are neither affiliated, nor associated with, endorsed or sponsored by any third party, including but not limited to any gift card issuer. Designated trademarks, brands, and other identifiers are solely the property of their respective owners.

We are not a gift card vendor or authorized dealer of any gift card issuers. Any gift cards you receive directly from a user using the GameStar exchange are subject to the terms and conditions of the third-party merchant with whom it is redeemable (“Gift Card Issuer”). We are not responsible for the acts or omissions of any Gift Card Issuer, or any fees, expiration dates, penalties or terms and conditions associated with any of the gift card purchased using the GameStar Exchange. By purchasing a gift card from a user, you acknowledge that you have read the gift card’s terms and conditions, and represent to GameStar that you are eligible to use such gift cards under the Gift Card Issuer’s terms and conditions, or under applicable law. Rights attaching to some gift cards might not be capable of being assigned!

You should only sell gift cards that you are the rightful owner of and that can be traded freely without any contractual or general legal restrictions. It is strictly prohibited to sell illegally or deceitfully obtained gift card, or gift cards of any third parties!

6. GAME ITEMS

We cannot guarantee that a certain game item will have any specific characteristics, nor that it will be compatible with a specific game or online environment. You are solely responsible for making sure that you understand what you are buying and to ask the right questions during the purchase process using our encrypted chat.

7. DISPUTE PROCEDURE FOR EXCHANGE USERS

If a buyer or a seller utilising the GameStar exchange is not satisfied with the result of the transaction they could use the built-in dispute resolution procedure. To utilise it, the party that is initiating the dispute would have to pay an appeal fee. Once the fee is paid the process would move to the next stage for resolution by a referee. IF the party initiating the dispute wins it, they would be refunded, otherwise the appeal fee would go to the other party. The dispute resolution procedure is built on the Taurus protocol (https://taurusprotocol.com/).

You can become a referee by pledging a certain amount of GMS tokens, whereas the exact amount shall be displayed on screen.

If you have a dispute, outside the built-in dispute resolution procedure, with one or more users of the GameStar Exchange, you release GameStar, its affiliates and service providers, and each of its or their respective officers, directors, employees, agents and representatives, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. You agree to indemnify and hold GameStar, its affiliates and each of its or their respective officers, directors, employees, agents and representatives, harmless from any claim or demand (including attorneys’ fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of these Terms of Use or your violation of any law, rule or regulation, or the rights of any third party.

8. FEES

GameStar charges fees for its services, whereas applicable fees will be displayed prior to you using any service to which a fee applies. The fees are subject to change and we may adjust them at any time. [VS1]

9. GMS Utility Token

The GMS Utility Token have not been reviewed by, and are not regulated by, any securities regulatory authority. They are strictly for the purpose of providing utility on the exchange.

10. WARRANTIES AND ACKNOWLEDGEMENTS

You hereby warrant, accept and acknowledge that the information, which you have provided to us, is true and complete, that you are of legal age in your country and that you have not previously been suspended or removed from the GameStar exchange.

By using the GameStar exchange, you warrant and represent that you are using the services solely for your benefit and that you will not act as an intermediary or broker for any other third party, as well as you confirm that you have reviewed your local laws and confirm that you are legally allowed to use our services. We might not service certain jurisdictions, individuals or entities, whereas the list shall be determined freely by us in our sole discretion – we do this mainly to comply with applicable laws, but might also decide to introduce restrictions for business or reputational reasons.

You acknowledge that we cannot guarantee the security of any data you disclose online. You accept the inherent security risks of providing information and dealing online over the Internet and will not hold us responsible for any breach of your security or information.

You acknowledge that GameStar is not acting as a referee in any of the dispute procedures, so we have no control over and cannot assume responsibility for the outcome thereof.

You acknowledge and accept that all transactions involving virtual assets involve substantial risks. You should therefore carefully consider whether using our services is suitable for you in light of your financial situation.

In considering whether to use virtual assets for payment, you should be aware that the price or value of virtual assets can change rapidly, decrease, and potentially even fall to zero. You acknowledge that we are not responsible for any loss of your virtual asset resulting from theft, loss, or mishandling of private keys – please note that we are not a custodian and generally we do not gain access to your private keys when providing our services.

You agree that we are not responsible for any operating changes to virtual assets’ protocols and we are not liable for any loss of value you may experience as a result of such changes in operating rules. You acknowledge and accept that GameStar has sole discretion to determine its response to any operating change and that we have no responsibility to assist you with unsupported currencies or protocols.

You understand that you have to read the details of any offers posted on the GameStar exchange very carefully. We are not vetting those offers and in case of disputes the referees would look into the details of the offer and the potentially the chat messages, so read the offer carefully and make use of the chat to clarify any open questions and the details about quality and quantity of any Assets that you are purchasing. Once you accept an offer, there could be additional legal consequences as under most legal systems this would mean that you have directly entered into a contract with the seller – you are solely responsible for clarifying your legal position and when in doubt to consult with a professional legal adviser.

You undertake that you will use the GameStar exchange in accordance with these Terms of Use and not commit any unlawful, indecent or objectionable act, and that you are solely responsible for your conduct while using the GameStar exchange. Without limiting the generality of the foregoing, you agree that you will not:

· use our services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our services, or that could damage, disable, overburden or impair the functioning of the GameStar exchange in any manner;

· engage in any activity which could violate, or assist in violation of, any law, statute, ordinance, or regulation (especially the anti-money laundering and countering the financing of terrorism laws), sanctions programs administered in the countries where we conduct business or operations or where you reside or you are national of, or which would involve proceeds originating from an unlawful activity;

· publish, distribute or disseminate any unlawful material or information;

· defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of other users;

· incite, threaten, facilitate, promote, or encourage hate and hate speech, racial intolerance, or violent acts against others;

· harvest or otherwise collect information from the GameStar exchange about other exchange users;

· engage in any activity which operates to defraud, defame or otherwise cause any damage to GameStar or our users;

· provide any false, inaccurate, deceptive or misleading information to or about GameStar or to or about any of the other exchange user;

· introduce or attempt to introduce any virus, Trojan, worms, logic bombs or other harmful code;

· use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our services or to extract data;

· attempt to circumvent any security measures or content filtering techniques we employ, or attempt to access any service or area of our services that you are not authorized to access;

· attempt to introduce bugs or alter the content of any smart contracts utilised in our exchange services;

· attempt to hack, interfere with, tamper with or change the manner of operation of any virtual assets’ protocols utilised in our services;

· engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the applicable law, or other licensed materials without the appropriate authorization from the rightful owner or rights’ holder;

· use any GameStar intellectual property, name, or logo, including use of our trade and service marks, without our prior written consent or in a manner that could be considered harmful to our brand or that implies an untrue endorsement by or affiliation with GameStar;

· develop any third-party applications that attempts to hack or interact with our services without our prior written consent; or

· encourage or induce any third party to engage in any of the prohibited activities listed above.

11. GOVERNING LAW AND ARBITRATION

Please always contact the GameStar exchange first if you experience any problems with our service. We would like to address your concerns without resorting to formal legal proceedings, whenever possible.

We both agree to attempt negotiations in good faith to resolve all disputes when they arise (which discussions shall remain confidential and be subject to applicable rules protecting settlement discussions from use as evidence in any legal proceeding).

In the event that a dispute cannot be resolved satisfactorily, we both agree to resort to arbitration

Please note that arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including, if applicable, attorney fees), except that the arbitrator may not award declaratory or injunctive relief in favour of anyone but the parties to the arbitration.

We both agree that, subject to the above, any dispute, claim, or controversy between you and GameStar arising in connection with or relating in any way to these Terms of Use and the GameStar services or to your relationship with GameStar as a user of the decentralised exchange (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Terms of Use) will be determined by mandatory final and binding individual (not class) arbitration. The tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate.

We both agree to arbitrate solely on an individual basis, and that these Terms of Use do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Notwithstanding the tribunal's power to rule on its own jurisdiction and the validity or enforceability of the agreement to arbitrate, the tribunal has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis.

We both agree that:

(a) the arbitration shall be kept confidential;

(b) the amount of any settlement offer made by you or GameStar shall not be disclosed to the arbitrator;

(c) the tribunal shall consist of one arbitrator (who is to be appointed by the parties or, failing agreement by the parties within seven days of service of written notice by either party to the other party requesting agreement to the appointment of an arbitrator, the appointing authority shall be the London Court of International Arbitration (LCIA)).

(d) the seat of the arbitration shall be in the Bahamas;

(e) the law governing this arbitration agreement shall be the law of England and Wales; and

(f) the language of the arbitration shall be English.

These Terms of Use and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

ANY ARBITRATION AGAINST GAMESTAR MUST BE COMMENCED BY FILING A REQUEST FOR ARBITRATION WITHIN ONE (1) YEAR, AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. THIS ONE YEAR LIMITATION PERIOD IS INCLUSIVE OF ANY DISPUTE RESOLUTION DISCUSSIONS BETWEEN THE PARTIES. THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.

You agree that any notice sent to the email address bound to your account shall be deemed effective for all purposes, including without limitation to determinations of adequacy of service. It is your obligation to ensure that the email address on file with GameStar is up-to-date and accurate.

If any portion of this arbitration clause is adjudged to be invalid or unenforceable for any reason or to any extent, the remainder of the arbitration clause will remain valid and enforceable and the invalid or unenforceable portion will be given effect to the greatest extent permitted by law.

This arbitration clause shall survive termination of the contractual relationship between GameStar and yourself.

Notwithstanding any other provision in these Terms of Use, nothing shall limit your rights as a consumer under mandatory provisions of applicable consumer protection legislation which are relevant to our services.

12. NO WARRANTY AND LIMITATION OF LIABILITY

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GAMESTAR SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND/OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE. GAMESTAR DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE EXCHANGE, ANY PART OF THE SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, CORRECT, UPDATED OR ERROR-FREE. GAMESTAR IS NOT LIABLE FOR ANY DISRUPTION OR LOSS A USER MAY SUFFER. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE OF AND/OR ACCESS TO THE SERVICES AND WEBSITE. WITHOUT LIMITING THE FOREGOING, YOU HEREBY ACKNOWLEDGE AND ACCEPT THE VARIOUS RISKS INHERENT TO USING VIRTUAL ASSETS INCLUDING BUT NOT LIMITED TO HARDWARE FAILURE, SOFTWARE ISSUES, INTERNET CONNECTION FAILURE, MALICIOUS SOFTWARE, THIRD PARTY INTERFERENCE LEADING TO LOSS OR LACK OF ACCESS TO YOUR ACCOUNT OR WALLET AND OTHER USER DATA, LOSS OF PRIVATE KEYS OR SEED WORDS, SERVER FAILURE OR DATA LOSS. YOU ACCEPT AND ACKNOWLEDGE THAT GAMESTAR WILL NOT BE RESPONSIBLE FOR ANY COMMUNICATION FAILURES, DISRUPTIONS, ERRORS, DISTORTIONS OR DELAYS YOU MAY EXPERIENCE WHEN USING THE SERVICES, HOWEVER CAUSED.

IN NO EVENT SHALL GAMESTAR, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ADVISORS, CONSULTANTS OR REPRESENTATIVES, BE LIABLE (A) FOR ANY AMOUNT GREATER THAN THE VALUE OF TOTAL FEES PAID BY YOU FOR THE SERVICE THAT IS SUBJECT OF THE CAUSE OF ACTION IN THE TWELVE (12) MONTHS PRIOR TO THE LOSS ARISING OR (B) FOR ANY BUGS IN ANY SMART CONTRACTS, CHANGES TO PROTOCOLS, LOST PROFITS, DIMINUTION IN VALUE OR BUSINESS OPPORTUNITY, ANY LOSS, DAMAGE, CORRUPTION OR BREACH OF DATA OR ANY OTHER INTANGIBLE PROPERTY OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE EXCHANGE OR THE SERVICES, OR THESE TERMS OF USE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF GAMESTAR HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE, EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF GAMESTAR’S FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

We do not own or control the underlying software protocols which govern the blockchain and the virtual assets that we accept. Generally, the underlying protocols might be subject to discontinuation, hacking, operational changes and modifications. GameStar does not control these changes. It is your responsibility to make yourself aware of upcoming operating changes and to carefully consider all publicly available information. In the event of any operational change, GameStar reserves the right to take such steps as may be necessary to protect the security and safe operation of the GameStar exchange, including temporarily suspending operations involving the virtual assets in question, and other necessary steps. Our response to any material operating change is subject to our sole discretion and includes deciding not to support any new fork or other actions.

In using the GameStar exchange you might view content provided by third parties, including links to web pages and services of such third parties. We do not control, endorse or adopt any third-party content and have no responsibility for it, including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable in your jurisdiction. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for backup and reconstruction of any lost data.

We are not responsible for any chat messages between the parties. Please note that using offensive language could have legal implications for yourself, and if requested by a competent authority we might have to disclose the contents of your chat messages on our platform.

We are not providing any form of investment, legal, tax or any other type of regulated advice. All transactions on the GameStar exchange are conducted on a peer-to-peer basis between the buyers and sellers and you are solely responsible for determining whether any specific transaction is appropriate for you based on your personal needs and objectives. Please note that transactions involving virtual assets are taxable in most jurisdictions around the world, so it is your own responsibility to consult with your legal or tax professional to determine your specific situation. We would never provide any form of investment or trading advice, and even if we publish educational materials they should not be relied on. You should always do your own research and due diligence.

You agree that we are not liable for any price fluctuations of any Assets or virtual assets.

We make no warranty that the GameStar exchange, or the server that makes it available, are free from viruses or errors, that our content is accurate, that the service will be uninterrupted, or that defects will be corrected. We will not be responsible or liable to you for any loss of any kind, from action taken, or taken in reliance on material, or information, contained on our website.

13. TERMINATION

You may close your account with us at any time by contacting us and this would mean that the agreement between us shall terminate.

We may terminate the agreement at any time and at our sole discretion. If you have registered an email with your account, we would use reasonable efforts to send you a notice over email of such termination.

Termination of the agreement shall not affect the rights and obligations of the parties that have been accrued prior to the effective date of such termination and the parties shall use reasonable efforts to make sure that any pending transactions or disputes are resolved in a timely manner.

14. INTELLECTUAL PROPERTY RIGHTS

15. FORCE MAJEURE

We shall not be liable for delays, failure in performance or interruption of our services which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, epidemic, pandemic, significant market volatility, network congestion, changes in operational protocols or tampering with virtual asset protocols, smart contract bugs, failure of sub-contractors, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labour dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control.

16. MISCELLANEOUS

We may novate, subcontract, encumbrance, transfer or assign any of our rights and obligations arising under these Terms of Use to any party at any time (and if you have registered an email address we would use reasonable efforts to notify you of such change). You may not, however, novate, subcontract, encumbrance, transfer or assign any of your rights or obligations under these Terms of Use without our prior written consent.

These Terms of Use (as amended from time to time) contain the entire agreement and understanding between you and us in respect of all matters which are referred to herein and supersedes any prior written or oral agreement relating to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Terms of Use. You confirm that, in agreeing to accept these Terms of Use, you have not relied on any representation that is not expressly included herein. However, nothing in these Terms of Use purports to exclude liability for any fraudulent statement or act.

These Terms of Use are written in English and if they are translated into another language, this would be done only for convenience and the English version shall always control and prevail.

If any part of provision in these Terms of Use is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the remainder of these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions.

A party’s failure to enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to in writing. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under these Terms of Use or otherwise permitted under law.

[VS1]Alternatively we can set the fees here or in a fee schedule, but fees should always be clear and displayed to the user at some point where they can accept them or refuse to proceed further.

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