Terms of Service

Welcome to StackedGame.com

Welcome to the StackedGame.com – a Community Marketplace Platform dedicated to gaming downloads, services and related content.

Throughout these Terms of Service we use “we”, “us” and “our” to refer to StackedGame. We also use certain capitalized terms, which are defined at the end of these Terms of Service.

1. Your Acceptance

These Terms of Service apply to all users of the “StackedGame Platform”. This includes the StackedGame.com website and its related sub-domains including community.stackedgame.com, events.stackedgame.com and help.stackedgame.com as well as the related StackedGame Discord server.

By visiting our Platform and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Platform, including without limitation users who are browsers, registered users, buyers, sellers, administrators, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our Platform. By accessing or using any part of the it, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Platform or use any Services.

Privacy Policy

Our Privacy Policy explains how we treat your personal information and protect your privacy when you use the Service. By agreeing to these Terms of Service, you also agree to the terms of our Privacy Policy and any applicable Privacy Notices, which are expressly incorporated herein. Before using this Platform, please carefully review our Privacy Policy.

To the extent there are inconsistencies between these Terms of Service and our Privacy Policy, these Terms of Service take precedence.

2. Who may use the Service

This Platform is for users who have either reached the age of “majority” or “legal responsibility” where you live or your parent or legal guardian agrees to be bound by these Terms on your behalf.

If you do not know whether you have reached the age of majority or “legal responsibility” where you live, or do not understand this section, please ask your parent or legal guardian for help. If you are the parent or legal guardian of a minor, you and the minor accept and agree to be bound by these Terms and are responsible for all use of the Platform or its Services, including purchases.

If you are using the Platform on behalf of your employer or a business entity, you in your individual capacity represent that you are authorized to act on behalf of your employer or the business entity and to bind the entity to these Terms.

3. How the Marketplace works

StackeGame provides a Community Marketplace Platform for Sellers to share content and sell items (“Items” or “Marketplace Items”) in a marketplace dedicated to gaming.

Sellers can upload and manage a range of Item Types and related User Content on the Platform. These Items are published in the marketplace and are available for Buyers to purchase based their marketplace listing and detailed description on the item page.

There are 3 basic Item types: downloads; bookable calls and online services. Sellers can also combine these to offer “combination” or “combo” type items for added value. For example, selling a bookable call that includes a downloadable item.

In addition to the Marketplace Items, Sellers can also upload a range of User Content. Sellers can upload game guides and related gaming articles with links to Sellers Marketplace Items. Sellers can also upload and promote gaming events on the site’s gaming events catalogue. Question & Answers (Q & A) community forums are also available for our users to interact to help solve gaming related issues and questions.

Our aim is to create a enjoyable experience for all our User and Buyers, making it easy for them to get the help they’re looking for to take their game to the next level. In addition, we aim to provide a platform where our Sellers are able provide helpful, good quality Items and maximize their earnings from their skills and experience.

4. Buyers

A Buyer is User that has successfully completed the purchase of a marketplace item.

Although unregistered “guest” users are also able to make purchases in the marketplace, a number of Platform features are only available to registered users. For example, guest users do not have access to a user dashboard, cannot post comments and have limited posting ability in Q & A forums. We therefore encourage all our users to signup – registration is also free.

Buyer Registration & Users Accounts

  • To register to have a User Account on StackeGame you need to complete a very basic Sign-up form that requires you to choose a username, and secure password and enter you email address;
  • Once registered and logged-in you will able to access your Customer Dashboard, upload an Avatar and complete your Profile;
  • You may only have one User Account on the Platform which you can use as a Buyer or Seller (when registered and approved as a Seller);
  • You agree to provide accurate, current and complete information during the registration and profile update process and regularly update this information to keep it accurate and complete;
  • Your User Account is personal and you must not transfer it to others, except with our written permission;
  • You are responsible for keeping your User Account details and your username and password confidential and you will be liable for all activity on your account, including purchases made using your account. You agree to immediately notify us of any unauthorized use of your User Account;
  • If you provide us with any information which indicates you are not a fit and proper person to be provided with a User Account, we may, at our sole discretion, refuse to provide you with or suspend your User Account.

5. Sellers

A Seller is a registered User that is able to upload, manage and sell Items in the StackedGame marketplace. In addition to Items, Sellers can also upload and manage a range of related User Content including Game Guides, Articles and Events.

Seller accounts are subject to the same terms as Buyers Accounts (see Buyer Registration & Account) with some additional terms.

Seller Registration & Account

  • To register as a Seller on StackeGame you need to submit a Seller Sign-up Application form that requires some additional information to the Buyer registration form;
  • We review all Seller Sign-up Applications and approval is at our sole discretion. We provide feedback on the application via email to the email address submitted on the application form;
  • Seller-signup applications can be submitted by either new unregistered users or existing Buyers.  Where existing buyers apply and are approved, their existing account is updated to a Seller’s account;
  • You agree to where requested, confirm your identity and profile, so we can verify you as a legitimate Seller. Verification is done through a simple process of contacting and calling you on our Discord Server (we will send you an invite to join our server). Failure to complete this verification process (where requested) is a violation of these Terms of Service and will lead to the immediate suspension of your account;
  • Once registered and approved, you will be able to access your Seller Dashboard, complete the rest of your Profile and start uploading Items and User Content;
  • Approval of a Seller on the Platform is not an endorsement or recommendation of a Seller or their Marketplace Items. You are responsible for making your own inquiries as to the suitability of a Seller and their Items.

 Additional Seller Terms

  • Sellers may not do anything that will adversely impact the reputation or goodwill of StackedGame;
  • Sellers may not promote their Items in a way that negatively impacts other Sellers or our relationships with other sellers;
  • Sellers may not promote or include any reference to any other business or website in their Marketplace Items or User Content;
  • Sellers are responsible for paying any direct or indirect taxes, including GST or others which they may be required to do depending on where they live. Sellers warrant that at all times they meet their tax obligations that apply in their jurisdiction;
  • Sellers are solely responsible for obtaining their own insurance to cover any risk associated with their activities on the Platform. StackedGame does not offer any cover on behalf of Sellers.

Seller Levels

We reward our Sellers for providing good quality Items and high-levels of buyer satisfaction. Our Level Rating System approves new Sellers at the “Bronze” level and thereafter levels are updated at our sole discretion based on achievements below. (see Section 8 – Marketplace Fees)

1. Bronze Level (entry level after signup)

Level Benefits:

  • Marketplace Fee: 12% + 30c per transaction
  • 10 active Marketplace Item maximum

2. Silver Level

Level Requirements:

  • Total Sales – over $5000
  • Average Items Rating – at least 4 stars
  • On-Time Delivery – 90% (for Service Orders)

Level Perks:

  • Marketplace Fee: 11% + 30c per transaction
  • 20 active Marketplace Item maximum

3. Gold Level

  • Total Sales – over $25,000
  • Average Items Rating – at least 4 stars
  • On-Time Delivery – 90% (for Service Orders)

Level Perks:

  • Marketplace Fee: 10% + 30c per transaction
  • 50 active Marketplace Item maximum

Seller Level Review

We reserve the right to review Seller’s levels where the minimum level requirements are not maintained.  In addition, Sellers with Terms of Service violations, excessive returns and refunds, or excessive order cancellations may have their account level reviewed.  The Review is done at our sole discretion and may lead to a downgrade of your Seller’s level.  Sellers will be notified of the Review and its outcome via email. We also reserve the right to make changes to these Levels, their Level Perks and introduce additional levels.

Marketplace Fee Promotions

We may offer Marketplace Fee promotions from time to time, and your participation in these may also be subject to additional terms as defined in the promotion. To the extent additional terms affect your use of the Service, those terms (including, but not limited to, the Terms and Privacy Policy noted above) are hereby incorporated by reference into these Terms. We reserve the right to end these Promotions at our sole discretion.

6. Marketplace Items

StackeGame provides a Platform for Sellers to upload and manage Marketplace Items that they either own or have the necessary rights to sell.  At no stage does StackedGame take ownership of these Items (or any of the related Seller’s User Content). We are therefore not responsible for the Items or User Content offered by Sellers on the Platform and provide no warranty with respect to these Items.

Seller’s Marketplace Items

By offering an Item in the Marketplace, you the Seller undertake that:

  • the item is accurately described on the marketplace listing and item pages;
  • the item and its description are not false, inaccurate, misleading or fraudulent;
  • the item (and its content) is not unlawful in any of the countries (globally) where StackedGame is available;
  • the item (and its content) does not infringe on any intellectual property rights or copyrights, or violate the rights or terms of any third-party, or otherwise injurious to any third party;
  • the item and its description are not spam, harmful, obscene, abusive, threatening, defamatory or discriminatory;
  • you have the necessary permissions, rights and/or licenses to provide and sell the Item;
  • the item does not contain any malware or virus (including any computer program or code that can disrupt the operation of software, hardware or systems, or cause file deletions, file
    modifications or other effects that are not part of the functionality of software, hardware or systems);
  • the item does not promote or provide links for visitors to purchase items on other sites and platforms;
  • you have the necessary skills and capability to sell the Item;
  • you undertake to honor any specific terms you are offering related with the item.

Marketplace Item Suspension and Removal

We may, at our sole discretion, suspend or remove items for any reason. In addition, items will be removed if they are deemed to violate our Terms of Service or Community Guidelines. In addition, items with excessive returns and refunds, excessive cancellations or consistently low Buyer ratings may also be suspended.  These suspensions may be temporary or permanent depending on the details of the violation or Item’s performance.

Marketplace Minimum Item Price

StackedGame has a minimum Item price of $3 in the marketplace in order to cover Seller’s earnings, transaction and payment processing fees. Free ($0) priced items are also allowed.

7. Purchases, Payment, Order Delivery and Taxes

Purchases

  • Users purchase Marketplace Items by: clicking on the Item’s “Add to Cart” button; clicking on the checkout button and progressing to the checkout page; and completing the checkout form; and completing the order payment process.
  • The purchase is made once payment has been successfully completed and the Buyers are returned to StackedGame’s Purchase Confirmation page. This page provides the confirmed order number and a summary of the order information.
  • The Purchase Confirmation also includes relevant links to progress the order depending on the Item Type (see section 7 – Order Delivery).
  • An Order Confirmation email is also sent to the Buyer’s email address once payment has been successfully completed. The email also contains relevant links to progress the order depending on the Item Type (see section 7 – Order Delivery).
  • The Order Confirmation page and email as well as the Buyers Dashboard also includes a link to download a pdf copy of the Purchase Invoice as needed.
  • The Item (either Download, Bookable Call, Online Service or combination of these) is purchased with specific licensing and ownership terms as described in section 15 – Licensing and Ownership.

Marketplace Taxes 

  • Buyers and Sellers are solely responsible for complying with all tax requirements applicable to them, and collecting and/or paying any applicable taxes for any purchases or sales you make using our service. Responsibility includes withholding tax if it applies, unless we already process that withholding tax.
  • In jurisdictions where StackedGame has an obligation to collect tax on purchases (currently Australia), we will:
    • display the GST sales tax amount at checkout, once the Buyer’s order and address (used for tax purposes) are confirmed, and include the GST tax in the order total paid by the Buyer;
    • collect the GST sales tax amount and remit it to the relevant authority.
  • As a Seller, you acknowledge and agree where we have an obligation to collect tax on purchases.

Item Price & Currency

  • Item Prices are inclusive of GST sales tax amount where relevant (see – section 7 Marketplace Taxes). Where calculated the GST tax amount is shown as a separate line item at checkout.
  • Marketplace Items can have multiple Item Options (displayed on the Item page). These options are variation that may have a different price, features and purchase terms.
  • Marketplace Currency – all prices on the Platform are in US dollars ($).
  • Any refunds or order cancellations are processed in US dollars ($) and are subject to exchange rates at the time of refund/cancellation.

Payment for Purchases

  • By using any payment method and/or providing payment details for making purchases on StackedGame, you represent and warrant that:
    • you agree that all information you provide in connection with a purchase is accurate, complete, and current;
    • you are legally authorized to provide such information;
    • you are legally authorized or have permission to make payments using the payment method(s) you provided;
    • if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments; and
    • such actions do not violate any applicable law.
  • StackedGame uses a Payment Processor (PayPal) to collect payments from Buyers. Supported payment methods include PayPal and credit card (processed by the Payment Processor).  Payment information used by the Payment Processor is subject to their privacy policy.
  • Buyers shall not offer to make payments outside of the payment systems offered on StackedGame. If you are asked to use an alternative payment method, please report it immediately via the Support Center.

Order Delivery

  • Once payment is successfully complete Buyers can progress their order delivery from either the Order Confirmation email, the Purchase Confirmation page or from their Customer Dashboard. The order delivery steps are Item Type specific:
  • Downloads – the item can be downloaded by clicking on the links provided in the Order Confirmation email, Purchase Confirmation page or from the Buyers Customer Dashboard (from My Downloads).
  • Bookable Calls – the Order Confirmation email and Purchase Confirmation page includes the details of the scheduled call as well as any links to attached files – like for example, the “Call Instruction” that explain how the Buyer will connect with the Seller on the call. In addition, Buyer’s bookings can also be found in their dashboard – under “my bookings”.
  • Online Services – the Order Confirmation email and Purchase Confirmation page includes a link to “Progress Service Order”.  This link directs to the Service Order page where the Buyer and Seller interact to deliver the Service Order through to final delivery and completion.
  •  “Combination” Items – combination items combine item types for added
    value. For example, selling a bookable call that also includes a downloadable item.  These items are delivered using the relevant combination of the above based on the item.

Online Bookable Calls

  • Rescheduling call sessions – Buyers can check and reschedule their bookings from their dashboard from “My Bookings”. Rescheduling by the Buyers must be done at least 24 hours before the scheduled session.
  • Buyers wanting to reschedule a session can go to My Bookings > Bookings > “Reschedule” button and select an available slot in the Seller’s calendar.
  • Sellers wanting to reschedule a session must use the “Request Reschedule” button in the Seller’s menu (under My Bookings > Bookings). This request sends a message to the Buyer who will then either respond to the request and/or reschedule the session to another requested date and time.

Service Order Delivery

Service Items have the following additional Terms defined:

  • Sellers must deliver the Service as defined in the marketplace listing and Item pages.
  • Late and/or incomplete service item delivery may result in the order being cancelled and the Seller’s having to refund the Buyer (see Section 12 – Refunds & Order Cancellations).
  • Service order delivery time may not exceed a total of 21 days – this is to avoid overly complex delivery and repeated reschedules.
  • Sellers can update the “Delivery Date” on the Service Order but this must be done in consultation and with the agreement of the Buyer.
  • Orders are delivered by the Seller submitting the “Final Delivery”. The Buyer reviews the “Final Delivery” and accepts or rejects it based on how accurately is has been delivered (referencing the description on the Item page). “Final Delivery” acceptance is final, marking the order as complete and cannot be reversed.
  • Orders awaiting “Final Delivery” review for more than 3 days without any feedback from Buyers will be marked as accepted and complete.
  • Buyers and Sellers are encouraged to try and settle disputes between themselves first. If this fails or if either party believes there has been a violation of the Terms of Service, then either party can contact the Support Center and raise a ticket in the category “Order Dispute”.

8. Seller Earnings & Marketplace Fees

Item Price & Seller Earnings

  • Item Price – is the $ price set by the Seller for an Item when it’s uploaded to the marketplace. Important Note: StackedGame has a minimum marketplace Item Price of $3 to ensure items are viable and able to cover Seller’s earnings, and the marketplace transaction and payment processing fees applied.
  • Sellers Earnings % – the percentage the Seller will earn from the sale of their Items in the marketplace. This % excludes the 30c per Selling Transaction Fee. The Seller Earnings % is based on the Seller’s Level (see Section 5 – Seller Levels).
  • Selling Transaction Fee – a fixed transaction fee of 30c applied to each transaction on the platform to cover payment processing fees.
  • Marketplace Fee – StackedGame’s Marketplace Fee includes a 30c Selling Transaction Fee and a percentage of the Item’s price.
  • Sale Taxes % – in jurisdictions where StackedGame has an obligation to collect tax on purchases (currently Australia), we calculate and collect GST to remit to the relevant authority.
  • Seller Earnings – is calculated as a percentage (based on the Seller’s Earnings % of the “Net” Sales Price) less a transaction fee of 30c per transaction. The “Net” amount is calculated after the deduction of applicable sales taxes (see section 7 – Taxes) – as per the example below.
  • Seller’s Total Sales – the total of a Seller’s sales in a particular period – for example in a fortnightly period.
  • Item Returns and Order Cancellations – if there are any refunds or cancellations in the period, these would be deducted from your Sales Total – and any Earnings accumulated for these would be reversed. The adjustment is made first and then the Seller’s Earning are calculated as a % of this adjusted Sales Total.

Example 1 – Single Download Item (with no returns or adjustments)

Item Price = $10

Sales Tax = 10% = $0.91 (where calculated – see section 7 Taxes )

Net Sales Price = $9.09

Selling Transaction Fee = $ 0.30

Seller Earnings = $9.09 (Net Sales Price) * 90% (Bronze Level) – $ 0.30 = $ 7.88

Marketplace Fee = $9.09 (Net Sales Price) * 10% + $0.30 (Selling Transaction Fee) = $1.21

Example 2 – Total Sales & Earnings (with no returns or adjustments)

Item Price = $10

Number of Sales = 10

Number of Sales GST Relevant = 10

Total Sales = $10 x 10 = $100 (in a fortnightly period)

Total Sales Tax =  $0.91 x 10 (10% GST applicable)  = $9.10

Net Sales Total = $100 – $9.10 = $90.90

Selling Transaction Fee = $0.30 *10 = $3.00

Seller Earnings (for period) = 90% * $90.90 (Net Sales Total) – $3.00 = $78.81

Marketplace Fee = $90.90 (Net Sales Total) * 10% + $3.00 (Selling Transaction Fee) = $12.09

Example 3 – Sellers Sales Calculation (adjusted for returns or cancellations)

Total Sales Amount for period = $450

Less: Returns & Cancellations = $30

Correct Total Sales Amount $420

Seller Earnings Payments

  • Sellers can check their Sales and Earnings using the Sales & Earnings Reports & Charts – available from their Seller’s Dashboard. These provide per period summaries and include:
    • Sale Date (or Order Date) – the date the Sales Order was placed by the Buyer.
    • Earned Date – the date the Seller delivered / completed the order and therefore the date when payment is earned by the Seller.
    • Earnings Payment Status – status showing if the Earning Payment has been paid for that order.
  • Sellers Earnings are accumulated fortnightly based on “Earned Date” – the calculation of the date differs per Item Type:
    • Downloads – the Earned Date is the same as the Order Date.
    • Bookable Calls – the Earned Date is the date of bookable call (and this date will move if rescheduled).
    • Services – the Earned Date is the planned or actual Delivery Date of the Service Order.
    • “Combination” Items – is the date the latest part of the order will be delivered. For example, if a service is delivered after a call – then the Earned Date will be the service delivery date not the bookable call date.
  • Seller’s Earnings Payments are accumulated and paid fortnightly. All unpaid Seller Earnings up to the last day of the fortnight (generally ending on Sunday midnight UTC) are included in the calculation – less any adjustments for returns or order cancellations.
  • Fortnightly Seller’s earnings payments are calculated and processed on the following Tuesday – for the previous fortnight’s earnings. This allows for a 7-day order refund/cancellation buffer period to ensure the Seller’s paid earnings are not disputed.
  • Payments are made and should be trackable once payment is made into your nominated Payment Service Providers Account (either Wise or PayPal). Note that it may take some time to reflect in your bank account depending on the Payment Service Provider’s transfer processing time.
  • If a Seller’s Earnings have not reached $5 for that period (fortnightly payment threshold), earnings will accumulate until reaching the threshold and will be paid in the following payment cycle. If earnings don’t reach the threshold, Sellers who have earned at least $5 will be paid once per year in the December payment run.
  • You agree that StackedGame will deduct the Marketplace Fee, any applicable GST sale tax and adjustments for Refunds or Cancellations from your Total Sales amount, and pay the calculated Net Earnings Payment amount by electronic funds transfer into your nominated Payment Service Provider Account.
  • Seller Earnings payment are made into your nominated Payment Service Providers Account (either Wise or PayPal). So it is important that you provide the correct account information to ensure you receive your payment. StackedGame is not responsible for payments made to the wrong account as the result of incorrect information provided.
  • Payment Service Providers charge a fee for transferring your earnings into your nominated account.  StackedGame has no control over these fees and you agree to them being deducted by the Payment Service Providers from the Earnings Payment amount StackedGame pays into your account. Details of these should be available from your nominated Payment Service Provider.
  • PayPal charges a payment processing of 2% fee of the payment transaction amount. Where the seller has selected PayPal as their Payment Service Provide – this 2% will be deducted before earnings payments and the balance paid to the Seller as earnings for that period.
  • Wise payments are paid excluding any Payment Service Provider transfer fee – these fees are deducted from the payment amount by Wise with the remaining amount is sent to the Seller recipient.
  • As part of the payment process, Payment Service Providers also process the necessary currency conversions to the Seller’s selected currency. StackedGame uses the Seller’s selected Payment Currency (from the Seller Profile) to determine the target payment currency.
  • Payment processors calculate and determine the currency conversion exchange rates and associated currency conversion fees, these fees are deducted from their Seller Earnings when Earnings payments are processed.
  • If an action by a Buyer result in a charge back to our account, you agree that we may deduct the sum charged back together with any fee paid to our service provider and bank, from any sum due to you, at or after that time.
  • In the event that StackedGame (via Payment Services Provider) does not make payment to the Seller, the Seller will have recourse only against StackedGame and not the Buyer directly.
  • If in our discretion we believe that your performance as a Seller results in a significant number of charges back and / or Buyer disputes or if we believe you are in breach of these Terms, we may hold back payments to you until we are satisfied that disputes have been settled and / or the breach rectified.
  • For security concerns, we may at our discretion temporarily delay Earnings Payments to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by other users, or associating multiple StackedGame accounts to a single Payment Service Provider account.

9. Reviews, Ratings & Seller Feedback

Review ratings and seller feedback (“Reviews”) provide important input for potential Buyers to get an understanding of previous purchaser’s experiences with the Item and/or Seller.  The marketplace therefore caters for a number of reviews and feedback including:

  • Items Reviews – these apply to Download and Bookable Call items and are submitted and displayed on the Item page;
  • Service Item Reviews – these apply to service items and are submitted on the Service Order page and display on the Item page;
  • Seller Feedback Reviews – these apply to previous orders and reflect the Buyers experience of the Seller.  These are submitted from the Buyers dashboard and display on the Seller’s pages;
  • Customer Reviews – these apply to Service Items and are submitted on the Service Order page but are only displayed on the Seller’s order page when the Buyer places a Service Order with a Seller.

The following terms apply to Reviews, Ratings and Seller Feedback:

  • Reviews can only be submitted by Buyers who have purchased the Item;
  • Buyers are encouraged to leave reviews, ratings and feedback. Reviews must accurately reflect their experience with the Item and/or Seller – no “artificial” reviews are allowed;
  • Any Reviews, Ratings and Feedback that is deemed purposely inaccurate or in violations of the Terms of Service, and/or the Community Guidelines can be reported by visiting the Support Center and logging a ticket in the category “Acceptable Use Violation”;
  • Buyers found to be posting purposely inaccurate Reviews or Reviews in violations of the Terms of Service, and/or the Community Standards may, at our sole discretion, have their account suspended or terminated;
  • Buyers may not coerce Sellers into providing additional items, delivery or services by threatening negative reviews;
  • Sellers may not review their own items even if they have purchased it;
  • Sellers may not withhold any information, delivery or service in an attempt to get positive reviews from Buyers;
  • Sellers may not attempt to solicit the removal of reviews or parts thereof;
  • Service Order reviews (both by Buyer and Seller) must be completed no later than 7 days after the order is completed;
  • Reviews, Ratings and Feedback will not be removed unless found to be purposely inaccurate or there are violations of the Terms of Service and/or the Community Guidelines.

10. eMails & Notifications

By providing us with your email address, you consent to StackedGame using your email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail.

Subject to applicable law, we may also use your email address to send you other messages, such as changes to features of the Platform or Service and special offers (“Newsletters”). We may provide other notifications, these may be notifications required by law or for marketing or other business-related purposes, to you via email notice, “push” mobile notifications, written or hard copy notice, or through posting of such notice on our website, as determined by us in our sole discretion (in accordance with applicable law).

We reserve the right to determine the form and means of providing notifications to our Users. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. In the case of any newsletter or other marketing initiatives, you can withdraw your consent to receiving those communications and unsubscribe to those communications at any time by clicking “Unsubscribe” at the bottom of such communication or by contacting support(at)stackedgame.com.

11. Acceptable Use Restrictions

We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services – subject to the Terms and the following restrictions:

  • for any unlawful purpose;
  • to solicit others to perform or participate in any unlawful acts;
  • to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  • to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • to submit false or misleading information;
  • to have fake/fraudulent profiles – users must ensure they have updated their profile with accurate information. Fake or fraudulent profiles are not allowed and will be removed;
  • to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
  • to collect or track the personal information of others;
  • to spam, phish, pharm, pretext, spider, crawl, or scrape;
  • for any obscene or immoral purpose;
  • accessing any areas of the Site not intended to be publicly available;
  • to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet;
  • reverse engineering, decompiling, disassembling, modifying or attempting to extract the source code of the Site;
  • copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”;
  • requesting personal contact information, for example email address, in an attempt to communicate offsite;
  • engaging and communicating off our Platform is not be protected by our Terms of Service. Sharing information and file exchange must be performed exclusively on the Platform;
  • taking any action that imposes, or may impose, as we determine at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  • uploading User Content that violates our Terms of Service (see section 14 – User Generated Content);
  • interfering with the proper working of the Service.

We reserve the right to suspend or terminate your account and use of the Service for violating any of the Conduct and Acceptable Use terms.

Community Guidelines

We ask that all Users of the Platform participate in such a way that promotes a friendly and positive experience for our community. In addition to the Terms of Service, Users agree to adhere to our Community Guidelines. If you do not agree with the Guidelines you must not use the Service.

Reporting Violations 

Users should report any behavior and/or content that violates our Terms of Service or Community Guidelines by visiting the Support Center and logging a ticket in the category “Acceptable Use Violation”.

Investigating Violations and Consequences

All Conduct & Acceptable Use Violation reports are investigated and if our Terms are found to have been violated the User will receive a formal warning. Warnings are sent to the users registered email address. If deemed appropriate, the user’s marketplace and forum levels may also be reviewed and potentially downgraded based on the details of the violation.

If a user is found to have a second breach in a one year-period, their user account will be suspended for a three-month period. A third breach in a one-year period will result in the permanent suspension of a user’s account.

The severity of the violation is also considered and should a breach of our Terms be considered severe enough it may at our sole discretion result in permanent suspension regardless of the number of violations.

12. Refunds & Order Cancellations

You agree that all refunds and order cancellations are at the sole discretion of StackedGame.

Orders are generally not refunded or cancelled unless there has been a breach of our Terms of Service; or Australian consumer law or other relevant consumer protection laws requires it; or for specific Item related terms included in this section below.

Reasons where we are not obligated to refund include but are not limited to the following:

  • You have changed your mind since purchasing the item;
  • You purchased and downloaded the item by mistake;
  • You don’t like the item any more but it is accurately described by the Seller on the Item page;
  • You don’t like the Service Item that’s been delivered but it matches the description of the service on the Item page;
  • You’ve completed the Online Bookable Call you purchased and it was accurately described by the Seller on the Item page;
  • The download item has been removed and cannot be downloaded now (you are encouraged to download items immediately after their purchase).

All refund requests will be reviewed individually to assess the user’s right to claim. Users who excessively request refunds may, at our sole discretion, receive a warning or have their user account suspended.

All refund and cancellation requests should be made via a support ticket using the Support Center – using the “Refund/Cancellation Request” category.

In addition to the above, the following item specific terms are also considered in assessing refunds and cancellation requests.

Downloads

Download Item purchases are generally not refunded or cancelled based on their downloadable nature. However, a refund can be requested if the item has not been downloaded.

All Downloadable Item order refund/cancellation requests must be made within 7 days of the original Purchase Date.

Bookable Calls

Bookable calls are upfront purchases of the Seller’s time. Refunds and cancellations are allowed provided they are requested at least 5 days before the call’s Scheduled Date to allow the Seller an opportunity to fill the available time-slot. If the call date is within the 5-day period it can only be rescheduled and not cancelled. You may not reschedule a call to outside the 5-day period and then request it’s cancellation. Bookable calls can also only be rescheduled 24 hours before the call session is scheduled to take place.

All Bookable Call order refund/cancellation requests must be made no later than 7 days after the scheduled or actual Bookable Call Date.

Online Services

Online Services involve the delivery of custom digital products at an agreed price and delivery date.

These types of orders require a greater level of co-operation and engagement between Buyers and Sellers to complete them. Where issues are encountered in delivery, we encourage our Buyers and Sellers to try to resolve these between themselves first. If this fails, then users can contact the Support Center.

The following additional terms are considered in determining refund/cancellation eligibility for service orders:

  • Service Orders will not be refunded or cancelled if they are delivered as described on the item page;
  • Service Orders can also only be refunded/cancelled in full – no part refund or cancellations are possible;
  • Service Order refund/cancellations can be requested where the Buyer and Seller mutually agree to the refund/cancel (in writing – to be included in the Request);
  • Service Order refund/cancellations can be requested where it is alleged that either Buyer or Seller has violated our Terms of Service;
  • Non-permitted use of StackedGame during an order may result in that order being cancelled. This includes unlawful behavior, misconduct or other violations outlined in the Terms of Service. 

In-Progress Service Orders:

  • if a Seller misses the Delivery Due Date and is unresponsive for more than 24 hours while the order is late;
  • if a Seller reschedules the Delivery Due date without communicating and getting the Buyers agreement;
  • if a Seller does not deliver the agreed Final Delivery – as defined in the Item and service order pages;
  • if a Buyer requests more services from Sellers beyond what was agreed and tries to pressure the Seller into delivering these additional services;
  • if a Seller requests additional payment (in addition to the agreed original item price) to complete the Final Delivery;
  • if a Seller or Buyer’s account has been suspended and / or they are no longer on the StackedGame platform.

Completed Service Orders:

  • Service Order refund/cancellation requests must be made no later than 7 days after the Final Delivery Date (if the order has been completed);
  • Seller or Buyer must not try to artificially influence the Order Reviews with unethical behavior.

13. Disputes

Disputes between Users, Buyers and Sellers

We encourage our Users, Buyers and Sellers to settle disputes related to transactions between themselves first by reaching out and having a cooperative and constructive conversation on any issues. If this fails or if either party believes there has been a violation of the Terms of Service, then either party can contact the StackedGame Support Center and raise a ticket in the category “Order Dispute”.

Order disputes must be logged in writing in the Support Center within 7 days of the actual or planned (for service orders) order completion date.  Disputes logged outside this period cannot be investigated as Seller’s would have received payment for their orders after that date.

StackedGame will investigate and attempt to help resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgements regarding legal issues or claims. StackedGame has no obligation to resolve any disputes.

Seller’s earnings payments for the disputed transaction/s will be frozen until the outcome of the dispute resolution process and thereafter communicated and paid – if the dispute resolution decision is not to cancel and refund the order.

Release of StackedGame

If you have a dispute with one or more users, you release StackedGame from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. 

In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Disputes with StackedGame

You and StackedGame agree that any dispute or claim arising from or relating to the Terms, including any question regarding its existence, validity or termination, shall be finally settled by final and binding arbitration in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be Perth, Australia. The language of the arbitration shall be English.

Any arbitration or mediation under the Terms will take place on an individual basis. You understand that by agreeing to the Terms, you and StackedGame are each waiving the right to trial by jury or to participate in a class action lawsuit. Class arbitrations shall only be available if requested by either party under its Class Action Arbitration Rules and approved by the arbitration entity.

Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator or mediator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.

We want your experience of using the platform to be a good one. So if you have any legal issues or disputes with us please let us know by visiting the Support Center and logging a ticket in the category “Legal Issue/Dispute”. One of our team members will get back to you and try resolve the issue as soon as possible.

If the Parties cannot agree how to resolve the Dispute after an initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Society of Western Australia to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties.

This clause will survive termination or expiry of this Agreement.

Disputes lodged with Payment Agents

Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation of these Terms.

If a Buyer lodges a dispute with a Payment Agent, their StackedGame account is frozen until this dispute is cancelled. This restricts our ability to help resolve the issue, and process refunds and/or payments to your StackedGame account.

Note: Once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.

Chargebacks 

StackedGame reviews cases of payment provider chargebacks and disputes on behalf of Sellers. If the chargeback case allows, StackedGame (or StackedGame’s Payment Services Providers) will return part or full revenue back to Sellers, otherwise the chargeback amount will be borne by the Seller. 

14. User Generated Content

User Generated Content (“User Content”) refers to the content added by users as opposed to the content created by the site.  All content uploaded to StackedGame by our users (Buyers and Sellers) is User Content. Marketplace Items are defined as a specific type of User Content.

User Content – Uploading & Posting

You agree that you are solely responsible for all of the User Content that you make available on or through our Platform. StackedGame does not check user uploaded/created User Content for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By making this User Content available through the Service, you represent and warrant that:

  • the downloading, copying and use of the User Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • you have fully complied with any third-party licenses relating to the User Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the User Content does not contain or install any malware, viruses or other harmful or destructive content;
  • the User Content is not spam, is not machine or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party; and
  • you have, in the case of User Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by StackedGame or otherwise.

Despite anything to the contrary, to the maximum extent permitted by law, you agree to indemnify us and hold us harmless in respect of any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with the User Content you make available on or through the Platform, including as a result of an Intellectual Property Breach.

User Content – User Interaction

You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. We have no liability for your interactions with other Users, or for any User’s action or inaction.

User Content – License Grant

While you retain all rights, including copyrights, that you own or control your User Content, we do require that users grant certain rights to StackedGame and other users of the Service, as described below.

License to Stackedgame – by uploading and posting any User Content on the Services, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to StackedGame a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services and StackedGame’s business, including without limitation for marketing, promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.

Other Users – You hereby grant each User of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by features of the Service. This does not grant any rights or permissions for a user to make use of your User Content independent of the Service.

Right to Monetize

You grant StackedGame the right to monetize your User Content on the Service (and such monetization may include displaying advertizing). This Agreement does not entitle you to any payments in terms of this Content monetization. 

Removing User Content

You may delete your User Content from the Service at any time.  We also reserve the right to remove any User Content for any reason at our sole discretion.  Users should report any behavior and/or content that violates our Terms of Service by visiting the Support Center and logging a ticket in the category “Acceptable Use Violation”.

15. Licensing & Ownership

We own the StackedGame Platform, including its business name, logos, design and systems. We do not own the User Content (including the Marketplace Items) uploaded by Sellers onto the Platform. At no stage does StackedGame take ownership of these uploaded Items or User Content. We do however facilitate the sale transaction that allows the Seller to give the Buyer the associated license or ownership when the Item is purchased and/or delivered.

StackedGame’s marketplace provides Sellers the ability to upload 3 types of Marketplace items: Downloads; Bookable Calls and Online Services. These options can also be combined to offer “combination” type items for added value.

Based on the different nature of these item types, their ownership and licensing terms are also different. Buyers must ensure they purchase the Item with the correct license based on their intended usage (Personal or Commercial). 

Downloads

When you purchase a Downloadable Item from the marketplace you are buying the right to use that item in accordance with the Seller’s licensing terms. The license defines the specific terms of use for the item – what you can and must not do with the Item.

Two different license types are available for Download Items (Personal and Commercial). Details of these are available on the Licensing Terms page. A “Personal” license is the default license where no license option is defined by the Seller.

Bookable Calls

When you purchase a Bookable Call the Buyer is purchasing a set number of “time units” (usually in minutes) on a call with a Seller. So there is not transfer of ownership of this time, however, if the call is recorded – then the ownership and rights to the recording is assigned to the Buyer.

The Buyer is granted all intellectual property rights, including but not limited to, copyright to the recording of the session, and the Seller waives any and all moral rights therein. All transfer and assignment of rights to the buyer is subject to payment for the item, so if order and payment is cancelled for any reason, then these rights are not transferred.

Two different license types are available for Bookable Call Items (Personal and Business). Details of these are available on the Licensing Terms page. A “Personal” license is the default license where no license option is defined by the Seller.

Online Services

When you purchase an Online Service for a customized Item, on order completion the Buyer receives the delivered item together with the intellectual property rights and copyright to the Item. The Seller agrees to assign all rights, title and interest in and to the delivered work to the Buyer, and the Seller waives any and all moral rights therein. This excludes the transfer of any reusable inputs and tools that the Seller uses in the normal course of delivering that service.

All transfer and assignment of intellectual property to the buyer is subject to payment for the Item, so if order and payment is cancelled for any reason, then these rights are not transferred.

Two different license types are available for Online Service Items (Personal and Commercial). Details of these are available on the Licensing Terms page. A “Personal” license is the default license where no license option is defined by the Seller.

16. Intellectual Property & Copyright

It is essential all StackedGame Users, Customers and Sellers respect the intellectual property rights of others, including copyrights and trademarks. Users must only upload and share content for which they have the legal rights and/or permission. You are legally responsible for the User Content you submit and post on StackedGame.

For example, the Marketplace Items and User Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so.

You warrant that you own or have the authority and all necessary licenses, consents or permissions to supply all data, text, trademarks, photography, artworks and other material given or uploaded to the Platform.

If you upload data, text, photography, artworks or other material to the website you agree to indemnify and hold us harmless and will keep us indemnified and held harmless against all claims, costs, expenses, damages, liability or loss arising from any claims made against us arising out of the breach of copyright or patent and, inaccuracy or misleading content

Copyright Infringement

We take seriously all reports of alleged copyright infringement under the United States Digital Millennium Copyright Act. If you believe that intellectual property rights have been infringed, please report it using the Support Center (logging a ticket in the category “Intellectual Property Rights”) providing the following:

  • Identification of the Item/s violating the copyright;
  • A short statement of how the copyright/s is being infringed (this statement is made under penalty of perjury);
  • Evidence of the copyright violation – for example, relevant copyright references;
  • Your name, address, email address and phone number. 

Copyright Infringement Appeal

If your content is in your opinion incorrectly removed based on a copyright infringement report, you may log a copyright infringement Appeal. This is also done through the Support Center and should include similar elements to the Infringement Violation Report above.

17. Your Information

Our Privacy Policy explains how we treat your personal data and protect your privacy when you use our Platform.

You understand that by using the Services you consent to the collection, use and disclosure of your personal information as set forth in our Privacy Policy, and to have your personal information collected, used, transferred to and processed as described therein. You acknowledge and agree that you are responsible for obtaining all necessary consents, and for complying with all applicable laws (including privacy and data protection laws, related to personal information provided to us in connection with your use of the Service.)

Marketplace Item – Purchase Information

If you are a Buyer who purchases an Item, you acknowledge and agree that Sellers will have access to the purchase information including the username you selected (which is publicly visible on the Services) along with the Item you purchased and the date you purchased it (“Purchase Information”) and you direct StackedGame to make Purchase Information available to the Seller. 

If you are a Seller, you may use Purchase Information solely to make available the Item to the Buyer through the Services and provide directly related support; you may not sell any Purchase Information; and you may not further retain, use, or disclose personal information for any other purpose, except to the extent required by law.

Service Order – Requirement Information

Buyers may also disclose certain confidential information to Sellers for them to deliver service orders (for example, as requirements). Therefore, Sellers agree to protect such confidential information from unauthorized use and disclosure and treat any such information received from Buyers as confidential. Sellers specifically agree to:

  • maintain all such information in strict confidence;
  • not disclose the information to any third parties;
  • not use the information for any purpose except for delivering the ordered work; and
  • not to copy or reproduce any of the information without the Buyer’s permission.

18. Security

StackedGame values the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes.

You acknowledge that you provide your User Content and personal information at your own risk. You are fully responsible for all interaction with the Services that occurs in connection with your registration information (including, without limitation, all purchases).

You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you. 

You agree to immediately notify us of any unauthorized use of your registration information or any other breach of security related to your account or the Services, and to ensure that you log off at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

19. Data Storage

While we’ll make efforts we believe are reasonable to safeguard and backup User Content, and to make User Content available in case of loss or deletion, we have no responsibility or liability for the deletion or failure to store or the security of any User Content.

We reserve the right to mark or treat as “inactive” and archive accounts and/or User Content or Assets that are inactive for an extended period of time, as determined by us in our sole discretion. We also reserve the right to change our practices and storage rules at any time at our sole discretion with or without notice to you.

20. Interruption to the Service

  • We will do all we can to maintain access to our Platform and Services, but it may be necessary for us to suspend all or part of our Service for repairs, maintenance or other good reasons. We will try and communicate and plan such interruptions but may have to do so without telling you first;
  • You acknowledge that our Service may also be interrupted for reasons beyond our control;
  • You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to our Service.

21. Warranty Disclaimer

USERS USE THIS PLATFORM, ITS CONTENT AND ANY ITEMS OR SERVICES OBTAINED THROUGH THIS PLATFORM AT THEIR OWN RISK. THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. STACKEDGAME DOES NOT MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR SERVICE.

FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT AND ITEMS PROVIDED THROUGH THE SERVICE; (B) THE SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE.

UNDER NO CIRCUMSTANCES WILL STACKEDGAME OR ANY OF ITS AFFILATES, SERVICE PROVIDERS, LICENSORS, EMPLOYEES, AGENTS, OFFICES OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL FRAMEWORK, ARISING OUT OF OR IN CONNECTION WITH THE USERS USE, OR INABILITY TO USE, THE WEBSITE, ANY CONTENT ON THE PLATFORM, OR AN LINKED TO ON THE PLATFORM, OR SUCH OTHER WEBSITES.

USERS OF THIS PLATFORM, ARE SOLELY RESPONSIBLE FOR ANY DAMAGES WHICH MIGHT OCCUR DUE TO SITE USAGE, USE OF CONTENT OR TRANSFERRED FILES. USER’S ARE RESPONSIBLE TO ENSURE THEY HAVE SCANNED ALL TRANSFERRED FILES FOR VIRUSES AND MALWARE.

TO THE HIGHEST DEGREE PERMISSABLE BY APPLICABLE LAWS, STACKEDGAME EXCLUDES AND DISCLAIMS LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF  OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER. 

IN ACCEPTING LIABILITY AS THE LIMITED AUTHORISED PAYMENT COLLECTION AGENT OF SELLER, STACKEDGAME AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF THE SELLER. 

THE AFORESAID DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

22. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless StackedGame, its Affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

  • your use of and access to the Service;
  • your breach of these Terms including any act, neglect or default by you or your employees, licensees or clients; and
  • your violation of any third party right, including without limitation any copyright, property, or privacy right; or
  • any claim that your Content caused damage to a third party. 

This defense and indemnification obligation will survive this Agreement and your use of the Service.

23. Limitation of Liability

Marketplace & Users

Except as required by applicable law, StackedGame, its affiliates, officers, directors, employees and agents will not be responsible for any loss of profits, revenues, business opportunities, goodwill, or anticipated savings; loss or corruption of data; indirect or consequential loss; punitive damages caused by:

  • Errors, mistakes, or inaccuracies on the service;
  • Personal injury or property damage resulting from your use of the service;
  • Any unauthorized access to or use of the service;
  • Any interruption or cessation of the service;
  • Any viruses or malicious code transmitted to or through the service by any third party;
  • Any content whether submitted by a Seller or StackedGame, including your use of content; and/or
  • The removal or unavailability of any content.

This provision applies to any claim, regardless of whether the claim asserted is based on warranty, contract, tort, or any other legal theory. As a user of the Platform, you indemnify us against all losses, costs (including legal costs on a full indemnity basis), expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us relating to your use of StackedGame and any content you post on StackedGame (including, if you are a Seller, your items).

If you are a User or a Buyer, you agree that we are not responsible for, and you release us from liability arising out of or in connection with:

  • the marketplace items on StackedGame;
  • the content uploaded onto StackedGame, for example Guides and Articles.
  • information provided by Sellers about their items (including on any item page); and
  • your use of items purchased on StackedGame marketplace.

Our liability to you in connection with StackedGame Marketplace or these terms, in contract, tort (including negligence) or otherwise, is limited to the greater of USD100 and the total Buyer fees paid by you in the 12 months before liability accrued.

This clause will survive the termination or expiry of these Terms.

Customers & Sellers

Each Seller grants to each Buyer of the Seller’s items a limited indemnity on the following terms:

  • if another person makes a claim against a Buyer that the Buyer’s use of the item in accordance with the terms of the applicable license infringes the intellectual property or other rights of that third party; and
  • if that Buyer promptly notifies the Seller of the claim and gives the Seller the option to control the defense of the claim (at the Seller’s cost), then the Seller will indemnify the Buyer against damages finally awarded by a court against the Buyer or any settlement damages agreed to by the Seller regarding that claim.

The liability of each Seller to their Buyers is otherwise limited, for each item purchased, to the Seller’s earnings from the payment for that item, except to the extent that the Seller’s liability arises from wilful misrepresentations made about the item.

24. Australian Consumer Law

Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Statutory Rights).

If the ACL applies to you as a consumer, nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.

Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.

As a Buyer, the goods provided by a Seller may also confer on you certain rights under the ACL.

This clause will survive the termination or expiry of these Terms.

25. Account Suspension & Closure

Account Closure (By You)

You may close your account at any time. Account closures can be initiated via our Support Center. On closure, access to your account will cease. If you’re a Seller your Items and content uploaded to the marketplace will also be removed. So please ensure you have downloaded any data you want to keep.  If you have any in-progress orders these will also be cancelled and closed together with the processing of order cancellations and refunds as required.

Account Suspension (By StackedGame)

We may suspend your account (and any accounts StackedGame determines are related to your account) and your access to the Services without notice or liability for any reason, including if in our sole determination you violate any provision of these Terms of Service. Suspensions may be temporary or permanent depending on the outcome of our determination.

If we do suspend your account, it’s important to understand that you don’t have a contractual or legal right to continue to use our Platform or Service, for example, to sell or buy in the Marketplace. Generally, StackedGame will notify you that your account has been suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.

If we do decide to permanently suspend your StackedGame account you may not re-apply. If you believe that the suspension has been made in error, you can appeal via our Support Center.

If you or StackedGame suspends your account, you may lose any information associated with your account, including your Content.

Any suspension of your account shall not affect any of our rights or remedies against you or any of your obligations or liabilities to us that have accrued up to that date (including the right to claim damages in respect of any breach of these Terms which existed at or before the date of suspension or cancellation).

The Terms will remain in effect even after your access to the Service is suspended, or your use of the Service ends.

26. Modification & Discontinuation

We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Platform (or any portion thereof) and/or the information, items and/or services available through this Platform (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Platform.

27. Third Party Links

The Platforme may contain links to third-party websites and online services that are not owned or controlled by StackedGame. We have no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave our Platform; we suggest you read the terms and privacy policy of each third-party website and online service that you visit. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

28. Relationship

Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other member. Neither you nor us can bind each other in any way.

StackedGame acting as independent contractor under your instructions in relation to the performance of marketplace services, will market to and obtain orders from Buyers to purchase Sellers Items on the Platform. Whilst our capacity is one of independent contractor in relation to the Service, we act as the Seller’s agent for the specific limited purpose of:

  • publishing and making available the Seller’s Marketplace Items and User Content uploaded onto the Platform;
  • accepting payments from Buyers via StackedGame’s Payment Processor,
  • remitting the purchase payments to the Seller as described in section 8 – Earnings & Marketplace Fees;
  • processing refunds and order cancellations in accordance with our Terms of Service; and
  • providing Sellers with a Platform to manage their uploaded Marketplace Items and User Content.

You may not claim any association with StackedGame or StackedGame.com without our written permission.

29. Site Translation

The Platforms official text is the English version of the site. Users may translate the Platform at their own risk. No warranty of any kind, either express or implied, is made as to the accuracy, reliability, or correctness of translations made from English into any other language. Any differences created by translating are not binding and do not have any legal effect for compliance or enforcement purposes. If issues regarding the accuracy of information in translated content arise it is advised that users, please refer to the English version of the content which is the official version of the Platform. 

30. Waiver

Our failure at any time to require performance of any provision of these Terms of Service or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by StackedGame of any breach of any provision of these Terms of Service or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Service.

31. Severability

If any provision of these Terms is or becomes invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, the invalid provision will be severed from these Terms and the remaining Terms will remain in full force and effect.

32. Assignment

You may not assign this Agreement or any of Your rights and obligations hereunder to any third party. Stackedgame may assign this Agreement and any of its rights and obligations under this Agreement to its affiliate or a third party at any time without notice.

33. Communication

Any communication notices from you under these Terms of Service must be in made in writing and submitted either via the Contact Us page or our Support Center. eMails can also be sent to support(at)stackedgame.com. Any communication we send you will be emailed to your StackedGame account email address.

34. Entire Agreement

These Terms (including, without limitation, the Privacy Policy and License Terms, and all other terms incorporated herein by reference) contain the entire agreement between you and us with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Services.

In the event of any conflict or inconsistency between any of the terms and conditions of these Terms and any other agreement that contain a link to the website’s Items or content, the terms and conditions of these Terms will control, except: the Privacy Policy will control to the extent that it expressly overrides these Terms.

35. Governing Law and Jurisdiction

These Terms are governed by the State of Western Australia, Australia and you submit to the jurisdiction of the courts there for the resolution of any dispute between us. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Service is taking place or originating.

36. Amendments to these Terms

You can review the most current version of the Terms of Service at any time at this page.

We may change these Terms at any time without prior notice and, if we make changes, will publish the updated version on this page, along with the update date.

To the extent permitted by law, all changes are effective immediately unless we indicate a different effective date when we post them.

By continuing to access and use the Platform after these changes have been published, you will be deemed to have agreed to the changes and the updated Terms.

37. Key Terms

  • Community Marketplace Platform – means StackedGame’s platform that provides a marketplace together with a range of related community building services.
  • Stackedgame Platform – means the StackedGame.com website and its related sub-domains including community.stackedgame.com, events.stackedgame.com and help.stackedgame.com as well as the related StackedGame Discord server.
  • Service – means the services that are available to users on the StackedGame Platform.
  • Users – means anyone who accesses the StackedGame Platform – this includes Guest Users browsing the website, Buyers as well as Sellers.
  • Guest User – means user of the Platform who has not signed-up and therefore does not have an Account.
  • Buyers – means registered Users who purchase Items on the StackedGame marketplace.
  • Sellers – means Users who have signed-up to the the Platform as Sellers. Sellers are able to uploada range of User Content and also sell Marketplace Items on StackedGame.
  • User Account – means an account created for a specific User of the Platform enabling them to access the Platform and use authorized services. User Accounts also store the information related to the Users on the Platform.
  • User Content – means all the different information Users are able to upload and share on the Platform.  This includes marketplace items, game guides, gaming articles, community forum posts, event information, comments, reviews etc.
  • Marketplace – means the part of the Platform that enables Sellers to upload and manage their Items and Buyers to be able to purchase the items and complete delivery.
  • Marketplace Items – means the Items (downloads, bookable calls, services and combination items) sold on the StackedGame.com marketplace.
  • Item Page – means the page where the Seller provides a comprehensive description of their item.
  • Sales Order – means the transaction created when the Buyer completes the checkout payment process and a unique order number is created to facilitate and he item track delivery or order completion. 
  • Earnings – means the money earned by the Seller from the sale or their Items on the Marketplace.  Earnings are calculated based on the Sellers earnings % related with the Seller Level.
  • Marketplace Fee – means the fee charged by the StackedGame’s marketplace as a percentage of the Item’s price.
  • Payment Service Provider – means the Seller’s selected provider who will transfer payment from StackedGame to the Seller’s nominated account.
  • Intellectual Property – means any domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.

Last Updated: January 2024