Terms of Service

These Policies, Guidelines, and Disclaimer are intended for all web sites residing on these servers and all services provided herein. We ask that all clients reselling our services in any way implement these same Policies, Guidelines, and Disclaimers into their own web sites to ensure that the same are understood and met by their clients.

The automated listing service is a simplication service that requires slight knowledge of generally accepted listing practices. Our service is built around the fact that our customers have this knowledge. If you do not have sufficient knowledge to create listings, you must be willing to learn or hire someone that does. Our technical support department can help you, but cannot act as an individualized instructor to teach you about listings for every step of the way. You are expected to have some knowledge of the services we build upon in order to utilize our services.

You are responsible for maintaining the listings that you deploy via our services. This includes limiting them to ones whose delivery you can manage yourself.

You are expected to check in with the member of our team who referred you to our services no more than once per month.

Important: this agreement also includes our Acceptable Use Policy

By using Our service, Customer hereby agrees to Our Terms of Service (TOS), Acceptable Use Policy (AUP), No Spam Policy (NSP - basically, don't spam), and Privacy Policy.

Unless otherwise specified, in this TOS, the AUP, the NSP, and the Privacy Policy, the usage of "us", "we", "our", and "ours" shall refer to Michael Smolkin and owned/affiliated companies, and all parents, subsidiaries, successors, and assigns. The usage of "you", "your", "they", and "them" shall refer to the Customer of us.

Moreover, in this TOS, the AUP, the NSP, and the Privacy Policy, "The Company" shall refer to Smolk LLC, and all its parents, subsidiaries, successors, and assigns; unless otherwise specified, "Smolk LLC" and "Michael" and "The Company" shall have the same meaning and shall be interchangeable.

Customer agrees that it shall comply with this TOS, our Acceptable Use Policy (AUP), and our No-Spam Policy (NSP - basically, don't spam). Customer further agrees that it has read our Privacy Policy and agrees to all the terms and conditions in the Privacy Policy. In this document, the word "Agreement," with a capital "A," refers to the TOS, the AUP, the NSP, and the Privacy Policy collectively.

In consideration of listing services to be delivered, Customer agrees to be bound by the following terms and conditions:

1.1. Customer agrees to pay, in advance of each monthly service term, for listing services to be rendered.

1.2. Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes that may require Customer to order The Company's service for a certain minimum period of time.

1.3. Customer agrees to a no-refund policy in advance. Setup fees and monthly listing service fees are non-refundable.

1.4. Non-Payment of services shall result in a 5-day notice of disconnection. All payment failures must be cured within 5 business days from invoice due date or account will be suspended. Account termination will result from invoices overdue for 30 days.

1.5. The Company is not and shall not be responsible for data integrity for any accounts that are terminated, disconnected, or interrupted because of Customer's failure to pay for The Company's services.

1.6. Customers agree to pay all taxes applicable to your account.

2.1. The Company will provide, and Customer will purchase and pay for, the Gameflip listing services (the "Services"), according to the service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service and service fees have been communicated to the Customer, and that Customer is aware of all applicable charges as per the Agreement. Customer also understands that no promotional offers will apply to their individual service unless said promotional offers are specified in this Agreement.

3.1. Establishment and provision of service is contingent upon receipt of payment from Customer to The Company.

3.1.1. Customer must pay in full for the Services before The Company begins to provide the Services to Customer. Invoices are generated 5 days before renewal and Customer agrees that if paying by credit card, recurring billing will be billed and charged automatically on the date the invoice is generated and that The Company may apply the amount due at any time to the credit card listed on file.

3.2. Payment is due on the defined monthly recurring billing date of each month. All returned checks will be charged a $20.00 service fee. Service will be interrupted on accounts that reach 5 days past due. Accounts that are not collectable by The Company will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay to The Company a "Processing and Collection" Fee of not less than Fifty ($50.00) Dollars nor more than One Hundred Fifty ($150.00) Dollars.

The Company may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, and any collection fees to which The Company may be entitled under this Agreement or under applicable law.

Customers may voluntarily cancel their account at any time, for any reason or for no reason, by messaging the company owner here: via PM and providing your account user name.

Once a Customer has cancelled their account before the renewal date, no more charges will be billed to the account. Cancellations on or after renewal will be charged renewal fees.

Customer can terminate their account for any reason or for no reason. However, Customer understands and agrees that The Company does not provide pro-rated or any other kinds of refunds on cancellations. All fees Customer has paid shall be nonrefundable.

IMPORTANT NOTICE: EXCEPT AS EXPLICITLY PROVIDED IN THIS SECTION 6, ALL PAYMENTS TO THE COMPANY ARE NONREFUNDABLE.

All payments to The Company are nonrefundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within thirty (30) days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, which, in The Company's sole discretion, are invalid under the terms and conditions of this Agreement, will result in service interruption, and reconnection fees to restore the desired service.

Without waiving any of its other rights under this Agreement, The Company offers to its Customers a 30-day money-back guarantee on fees for listing services only (the "30-Day Guarantee"). If for any reason you cancel your account by filling in the account cancellation form and submitting it to The Company, within thirty (30) days of the beginning of your service, The Company will refund your money with no questions asked; provided, however, that you have never previously obtained a refund under the 30-Day Guarantee. If you have ever previously obtained a refund under the 30-Day Guarantee, your account will be canceled, but no money will be refunded to you.

Please note that the amount refunded to you will be the amount you paid for listing services only, and will not include any of the following fees (these don't apply for our service):

• Setup fees
• Fees for domain name registrations
• Fees charged for exceeding your allotted disk storage space or bandwidth
• SSL certificate fees
• Web design fees
• Web site marketing fees
• Any add-on services, features, software, and
• Any other fees for services involving a third party.

The 30-Day Guarantee is subject to all of the following limitations:

• You are entitled to a maximum of one (1) 30-Day Guarantee.
• If you do not cancel your account within thirty (30) days of the beginning of your service, your right to the 30-Day Guarantee shall expire forever and may not be revived under any circumstances, without the prior express written approval of The Company.
• You may not transfer or assign the 30-Day Guarantee to any third party.
• You agree that you will not circumvent the restrictions on the 30-Day Guarantee described in this document, or attempt to circumvent those restrictions by any means, including, but not limited to, the following actions:
• Creating multiple accounts, using the same customer name or different customer names;
• Canceling your account for the sole purpose of obtaining a refund and then registering for a new account;
• Organizing multiple business entities or using assumed business names for the purpose of circumventing these restrictions;
• Knowingly providing false or misleading information when you register for your account; or

Requesting a refund under the 30-Day Guarantee at any time after you have already received a refund under that guarantee.

If you violate any provision of any of the following policies of The Company, you will not be eligible for the 30-Day Guarantee:

• Terms of Service (TOS);
• Acceptable Use Policy (AUP); or
• No-Spam Policy (NSP).

Changes to your service, including, but not limited to, adding new services, removing services, or changing the type of hosting plan you have do NOT make you eligible for an additional 30-Day Guarantee. The 30-Day Guarantee applies to your first order of Web hosting services from The Company and does not apply to any changes to your service at any time.

1. Customer agrees not to engage in any activity that violates any international, foreign, federal, state, or local laws applicable to the service terms described in this Agreement.

2. The Company reserves the right to discontinue service to any Customer it deems, in its sole discretion, violates any condition of service including, but not limited to, the following:

8.1. the Acceptable Use Policy, or

8.2. the No-Spam Policy.

9.1. In order to allow us to provide the best service to you, The Company accounts are backed up daily. However, these backups are intended for The Company's administrative purposes only, to allow us to provide excellent service to our customers. As part of its commitment to first-rate customer service, The Company always seeks to create complete and accurate backups of customer accounts.

9.2. Even the best and most complete and redundant backup systems can and do fail for a variety of reasons, despite the best efforts of the Web hosting service. THEREFORE, THE COMPANY DOES NOT GUARANTEE THE AVAILABILITY, COMPLETENESS, CURRENCY, OR INTEGRITY OF THESE BACKUPS OR THE DATA THEY CONTAIN. Consequently, you must not rely upon the availability, completeness, currency, or integrity of these backups.

9.3. Customers are responsible for maintaining their own backups on their own personal computers or other computers.

9.4. The Company does not provide any sort of compensation for lost, inaccurate, incomplete, or outdated data in the event that The Company's backups do not function properly, regardless of the reason(s) for any such malfunction, even if the malfunction was due to the fault or negligence of The Company or any of its employees or agents, and regardless of whether The Company had been informed of the possibility of such malfunction, or any fault or negligence that might cause it.

9.5. In the event that you need to recover data from a backup, The Company will use reasonable efforts to restore data to your account from the appropriate backup. HOWEVER, PLEASE NOTE THAT THIS SERVICE IS INTENDED TO COMPLEMENT YOUR OWN BACKUPS TO YOUR OWN COMPUTER, AND IS NOT A SUBSTITUTE FOR THOSE BACKUPS. AGAIN, THE COMPANY DOES NOT GUARANTEE THE AVAILABILITY, COMPLETENESS, CURRENCY, OR INTEGRITY OF ITS BACKUPS.

9.6. You understand and agree that The Company's backup policy does not create any warranties for whose breach The Company can be held liable.

1. Customer agrees to defend, indemnify, and hold harmless The Company, and the parents, subsidiaries, successors, assigns, employees and agents of The Company against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an indemnified party may become subject and which Losses arise out of, or relate to this Agreement or Customer's use of the Services, and to reimburse an indemnified party for all legal and other expenses, including reasonable attorneys' fees incurred by such indemnified party in connection with investigating, defending, or settling any Loss whether or not in connection with pending or threatened litigation in which such indemnified party is a party.

11.1. ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, OR LOSS OF DATA RESULTING FROM THE USE OF The Company'S SERVICES BY CUSTOMER OR ANY THIRD PARTIES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, OR

11.2. ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS.

11.3. ANY COMPLAINTS THE CUSTOMER RECEIVES RESULTING FROM SUCH DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS

11.4. ANY COMPLAINTS THE CUSTOMER RECEIVES RESULTING FROM THE FLAWLESS LISTING OF THE SERVICE PAST THE POINT AT WHICH THE CUSTOMER CAN MAINTAIN THEIR PRODUCTS BEING LISTED.

The Company PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS, AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF THE SERVICES AND THE COMPANY SHALL HAVE NO LIABILITY THEREFOR.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS, ALL WARRANTIES, REPRESENTATIONS OR OTHER ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR THROUGH, THIS SERVICE, THE SYSTEMS WHICH PROVIDE IT, AND THE INTERNET, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS.

THE COMPANY DOES NOT ASSUME ANY LIABILITY FOR THE COMPLETENESS, ACCURACY, OR USEFULNESS OF ANY INFORMATION DISCLOSED OR MATERIALS ACCESSED THROUGH ITS SERVICES, ITS SYSTEMS, ITS NETWORKS, OR THE INTERNET.

Any failure by The Company to enforce this Agreement in every instance in which it might apply does not amount to a waiver of any of The Company's rights.

ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTACT OR ANY BREACH THEREOF IN EXCESS OF $250.00 SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.

17.1. From The Company to Customer.

The Company will notify you by e-mail, Reddit, or SMS, of any notices that The Company is required to provide to you under this Agreement, at the most current e-mail address, user name, or phone number you have provided to The Company.

By entering this Agreement, you consent to receive notices by e-mail. You are solely responsible for ensuring that The Company has your most current e-mail address, and The Company shall not be responsible for any lost, misdirected, bounced, forwarded, or undeliverable e-mail, messages/chats, or texts that The Company sends to the most current e-mail address, Reddit account, phone number, respectively, which you have provided to The Company.

17.2. From Customer to The Company

Unless otherwise specified in this Agreement, notices to The Company shall be scanned and sent to the following email address:

gflistings-legal [at] michaelcli.com (wherein " [at] " is to be replaced with an "@" symbol).

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to choice of law or conflicts of law provisions that would cause the application of the law of another jurisdiction.

All monetary amounts to which this Agreement refers shall be in United States dollars.

This Agreement, including all of its component parts, comprises the entire agreement between you (the Customer) and The Company, and supersedes any prior or previous agreements between you and The Company with respect to the subject matter of this Agreement; provided, however, that you agree that you shall be subject to any additional terms and conditions of which The Company notifies you from time to time, pursuant to this Agreement.

This Agreement may not be modified orally.

22.1. Customer shall not assign or attempt to assign its obligations under this Agreement without The Company's prior and express written consent to such assignment.

22.2. The Company may assign any or all of its rights and obligations under this Agreement at any time without prior notice to or consent of Customer.

Jurisdiction and venue for arbitration or litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof shall be proper only in a venue determined The Company.

For all purposes, this Agreement shall be deemed to have been made within the State of California, United States of America. This Agreement shall be governed by the laws of the United States of America and the laws of the State of Delaware, without regard to Delaware's choice of law and conflicts of law rules, and The Company and Customer each submit to the exclusive jurisdiction of the courts of New Castle County, Delaware, or to the United States District Court for the District of Delaware, should any claim or question arise under Federal law or federal jurisdiction based upon diversity of citizenship.

The Company shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, terrorism, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, magnetic interference, interruptions of electrical power or other utility service (especially, but not limited to, disconnection of our computers or internet service), unavailability of any telecommunications or wireless service or connection to any telecommunications or wireless service, or any cause beyond the reasonable control of The Company.

In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties hereto, and the remainder of the provisions shall remain in full force and effect.

Any cause of action you may have with respect to The Company's performance or alleged non-performance of this Agreement must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred.

The Company reserves the right to refuse or discontinue service to anyone at our sole discretion.

29.1. At The Company, we take pride in providing excellent service to all of our customers. It is our policy always to treat our customers with the highest level of respect and courtesy. In return, we expect the same respect and courtesy from you.

29.2. If our staff feels that you are consistently engaging in abusive content toward them, or addressing them in a demeaning or rude manner, your account(s) may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for abusive conduct, customers will be given five (5) days' notice. We will issue a refund only for the unused portion of pre-paid service.

29.3. Abusive conduct includes, but is not limited to, the following behaviors:

• Repeatedly addressing members of our staff in a demeaning or rude manner;
• Using profanity in any oral or written communications with our staff, by any medium of communication, including but not limited to e-mail, instant messages, chat, text messaging, fax, postal mail, telephone, voice over Internet Protocol (VoIP), or in-person communication;
• Yelling or shouting at our staff;
• Deliberately using all capital (uppercase) letters in any written communication to our staff;
• Insulting our staff because of their personal characteristics, or on the basis of their race, ethnicity, national origin, sex, sexual orientation, religion, or housing or economic status; or
• Deliberately providing false information to our staff for the purpose of harassing them or wasting their time.