Terms of Service

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Effective Date September 3, 2026

These Terms of Service ("Terms") govern access to and use of the website, applications, customer portals, software, content, and related services (collectively, the "Services") provided by Gamerati LLC ("Company," "we," "our," or "us").

By accessing or using our Services, creating an account, clicking "I Agree," or otherwise indicating acceptance, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Services.

If you are using the Services on behalf of a business or organization, you represent and warrant that you have authority to bind that entity to these Terms.

1. PURPOSE AND SCOPE

1.1 Services

These Terms establish the legal framework governing your access to and use of the Services.

1.2 Supplemental Terms

Certain features, products, subscriptions, promotions, or services may be subject to additional terms, policies, or guidelines. Any such supplemental terms are incorporated into these Terms by reference.

1.3 Order of Precedence

In the event of a conflict between these Terms and any supplemental terms, the supplemental terms shall control solely with respect to the applicable service or feature.

2. ELIGIBILITY

You must be at least eighteen (18) years old, or the age of majority in your jurisdiction, to use the Services. By using the Services, you represent and warrant that you satisfy these eligibility requirements.

We reserve the right to refuse service, suspend access, or terminate accounts at our sole discretion.

3. ACCOUNTS

3.1 Account Registration

Certain Services may require account registration. You agree to provide accurate, current, and complete information and to keep such information updated.

3.2 Account Security

You are responsible for maintaining the confidentiality of your login credentials and for all activities occurring under your account.

3.3 Unauthorized Use

You must promptly notify us of any suspected unauthorized use of your account.

4. ACCEPTABLE USE

You agree not to violate any applicable law or regulation while using our services, infringe any intellectual property rights, upload malicious code, viruses, or harmful content, interfere with the operation or security of the Services, attempt to gain unauthorized access to systems or accounts, use automated tools to scrape, copy, or collect data without permission, engage in fraudulent, abusive, or deceptive conduct, and/or impersonate another person or entity.

We reserve the right to investigate and take appropriate action regarding violations of these Terms.

5. Client CONTENT

5.1 Ownership

You retain ownership of any content you submit, upload, post, or otherwise provide through the Services ("Client Content").

5.2 License Grant

By submitting Client Content, you grant Company a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, modify, and distribute such content solely as necessary to provide and improve the Services.

5.3 Responsibility

You are solely responsible for your Client Content and represent that you possess all necessary rights to submit it.

6. FEES AND PAYMENT

6.1 Fees

Client shall pay all fees, charges, costs, and expenses associated with the Services, including any storage, receiving, handling, processing, disposal, transportation, administrative, labor, carrier, warehouse, third-party, or other charges incurred by Company in connection with the Client's account, products, inventory, materials, or activities.

6.2 Billing

You authorize Company to charge the payment method you provide for all applicable fees, taxes, and charges.

6.3 Late or Failed Payments

If payment cannot be processed, Company may suspend or terminate access to paid Services until payment is received.

6.4 Pricing Changes

Company reserves the right to modify pricing upon reasonable notice. Continued use of the Services after such notice constitutes acceptance of revised pricing.

7. INTELLECTUAL PROPERTY

7.1 Company Property

The Services, including all software, designs, graphics, text, trademarks, logos, features, and content, are owned by Company or its licensors and protected by applicable intellectual property laws.

7.2 Limited License

Subject to compliance with these Terms, Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purpose.

7.3 Restrictions

You may not copy or reproduce the Services, modify or create derivative work, reverse engineer or attempt to extract source code, and/or sell, sublicense, or commercially exploit the Services without authorization.

8. THIRD-PARTY SERVICES

The Services may contain links to third-party websites, products, or services. Company does not control and is not responsible for any third-party services or content.

Your use of third-party services is governed by the applicable third-party terms and policies.

9. PRIVACY

Your use of the Services is subject to Company's Privacy Policy, which is incorporated into these Terms by reference.

10. DISCLAIMERS

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND UNINTERRUPTED AVAILABILITY.

Company does not guarantee that the Services will be error-free, secure, uninterrupted, or free of harmful components.

11. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
• COMPANY SHALL NOT BE LIABLE FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES.
• COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO COMPANY DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions may not allow certain limitations, so portions of this section may not apply.

12. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Company and its officers, directors, employees, affiliates, agents, and licensors from and against any claims, damages, liabilities, losses, costs, and expenses arising out of:

• Your use of the Services;
• Your Client Content;
• Your violation of these Terms;
• Your violation of law; or
• Your infringement of any third-party rights.

13. TERM AND TERMINATION

13.1 Term

These Terms remain in effect while you access or use the Services.

13.2 Suspension or Termination

Company may suspend or terminate your access at any time, with or without notice, if Company reasonably believes you have violated these Terms or applicable law.

13.3 Effect of Termination

Upon termination, your right to use the Services immediately ceases.

14. MARKETING AND FEEDBACK

14.1 Feedback

If you provide suggestions, comments, or feedback regarding the Services, Company may use such feedback without restriction or compensation.

14.2 Testimonials

Company may use testimonials or reviews voluntarily provided by Clients for promotional purposes, subject to applicable law.

15. ELECTRONIC COMMUNICATIONS

You consent to receive communications electronically, including notices, disclosures, agreements, invoices, and other information related to the Services.

Electronic communications satisfy any legal requirement that such communications be in writing.

16. FORCE MAJEURE

Company shall not be liable for delays or failures resulting from causes beyond its reasonable control, including natural disasters, internet outages, cyberattacks, labor disputes, government actions, telecommunications failures, or other force majeure events.

17. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the State of Washington, without regard to conflict-of-law principles.

18. DISPUTE RESOLUTION

Before filing legal action, the parties agree to make reasonable efforts to resolve disputes through good-faith negotiations.

Any legal proceeding arising from these Terms shall be brought in the state or federal courts located in Washington, and each party consents to such jurisdiction and venue.

19. INDEPENDENT PARTIES

Nothing in these Terms shall create any agency, partnership, joint venture, employment, or fiduciary relationship between you and Company.

20. ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without Company's prior written consent.

Company may assign these Terms without restriction.

21. ENTIRE AGREEMENT

These Terms, together with any incorporated policies and supplemental terms, constitute the entire agreement between you and Company concerning the Services.

22. MODIFICATIONS

Company may modify these Terms at any time. Updated Terms will become effective upon posting to the Services unless otherwise specified.

Your continued use of the Services following such modifications constitutes acceptance of the revised Terms.

23. SEVERABILITY AND SURVIVAL

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Provisions relating to intellectual property, disclaimers, limitations of liability, indemnification, governing law, dispute resolution, and any provisions that by their nature should survive termination shall survive termination or expiration of these Terms.