Seller Agreement

In order to sell items in Seller Dashboard on www.TheGamingGrounds.com (the “Site”), you must agree to the Seller agreement outlined below, which includes our FAQ, Policies and any other terms and conditions on the Site. By listing an item for sale or purchasing an item on the Site, you agree to be bound by all terms and conditions of this agreement.


The Site is operated by The Gaming Grounds, LLC, which reserves the right to make changes to this agreement at any time. Changes to this agreement are effective when the changes are posted to the Site. Continuing to sell items in our marketplace will constitute your agreement to the new agreement. It is your responsibility to review the changes and decide if you want to continue to use our Site. Changes to the agreement may occur without notice to you.


SELLER DASHBOARD/SALES AREA


www.TheGamingGrounds.com provides an online service that allows third party sellers to sell their products to buyers. www.TheGamingGrounds.com does not act as the agent for either buyers or sellers. Our service provides a platform for these transactions to take place. These transactions however, are monitored by the Site.


Accounts


You must login with an existing account or complete the Site registration process to create an account with a user name and password (the “Account”) in order to make full use of selling on the marketplace. You may not share your password with anyone. You must always provide accurate, current and complete information, and you must update such information in a timely manner to maintain its accuracy and completeness. Any use of the Site through your Account will be deemed as being used by you. www.TheGamingGrounds.com is entitled to rely on the contact and other information that is supplied to us through your Account. Your Account is non-transferable and non-assignable.


Eligibility Requirements


Listing items for sale in the Seller Dashboard and/or Site is limited to parties that can lawfully enter into a contract. Minors are not allowed to buy or sell on our marketplace. To list items for sale you must supply your name, address, phone number, email address, bank account and/or PayPal info for payment and agree to the policies of the Site.


We request bank account information primarily for identity and security reasons. By providing a bank account you are also authorizing us to charge it to settle your account in the event that the amount due exceeds your available balance. You are also authorizing us to remove funds from your bank account if you are found guilty of misconduct or insubordination on the Site. If a Roundtable Dispute is closed against you, you authorize the Site to remove from your bank account up to the full amount of funds proceeding the sale. Please note that the bank account you have identified must be valid in order for you to be paid for your sales. If for any reason it is invalid at the time we try to disburse funds to you, your disbursement will be delayed until you update the information.


Fees


For all items sold through its Site, www.TheGamingGrounds.com charges a fee based on a percentage of the sale price, as set forth under the document entitled Fees. The seller of an item is responsible for paying this fee. This fee will be automatically deducted from the earnings you receive from a sale. Fees may change at any time without notice. The fee in effect on the date of sale of the item shall govern the transaction. Please view the Fees page to view the latest fee structure. By listing an item for sale in our Site, you agree to pay the applicable fees and any collection costs related to non-payment of fees. All fees are payable upon demand via your bank account and/or PayPal. By listing an item for sale on the Site, you authorize www.TheGamingGrounds.com to debit your bank account or PayPal account for amounts due.


Required Communication


www.TheGamingGrounds.com requires you to provide timely support to the customers of our Site, please make sure that all communications are kept within our online messaging center. All messages should ideally be replied to within 24hrs. Please resolve all customer issues related to the Seller Dashboard within 36hrs if possible. You are also required to notify the Site when you change the status of an order. Changes in status could include but are not limited to: canceling an order, refunding an order or alerting a customer about a missing item from their order. When you mark an item as shipped with tracking or shipped without tracking an automatic email will be sent to the customer alerting them of the status change. Do not contact customers directly unless replying to a question, alerting them of an order status update, or responding to a complaint.


Shipping Expectations


All orders should be shipped to customers within 72hrs. All orders must reach the Buyer within a reasonable amount of time, which can be defined as 6-8 days for standard untracked shipped, 3-5 days for USPS First Class shipping, and 3-4 days for USPS Priority Mail shipping. Failure to provide shipment notification within 96 hours may cause your transaction and any associated payment to be canceled at our sole discretion. Please carefully read our Shipping and Packaging Guidelines. As part of the Seller Agreement you are contracted to adhere to, it is your responsibility to deliver the items contained within an order to the Buyer and you waive your ability to win any Round Table Disputes if the customer says the package did not arrive due to not having Delivery Confirmation or Tracking. The Seller waives the ability to win any disputes if the customer says the package did not arrive should they choose not to follow the Shipping and Packaging Guidelines, as well as keep any and all video evidence of packaging and shipping. The seller waives the ability to win any disputes if they have not followed our clear and concise FAQ page which requires them to have handwritten Date stamps next to all of their pictures within their listings.


SELLER RESTRICTIONS


Sellers cannot list or sell items that: infringe upon intellectual property rights or are illegal, fake, counterfeit, or stolen. Items listed for sale must be listed on the correct item page and an accurate description of the products description must be given. The accounts of sellers may be limited in a matter that allows them to make a certain amount of transactions within a given time at the sole discretion of www.TheGamingGrounds.com. Site transactions must take place between two different individuals, organizations or entities. www.TheGamingGrounds.com reserves the right to refuse service to anyone at any time for any reason.


The Site determines which products to offer for sale in the marketplace. Products may be added or removed at any time without notice. Changes to the item detail pages of a product can also take place without notice. The way listings appear in the marketplace may change without notice to users of the marketplace.


Sellers are required to sell items at the price they listed to customers that meet the seller’s terms. By listing an item in our marketplace you agree that you have the right to sell the item, the item is in your possession and that your description provided in your listing is complete and accurate. Sellers are not allowed to drop ship or sell items they do not physically possess. Sellers are required to ship an order by the provided ship date and follow the www.TheGamingGrounds.com Shipping and Packaging Guidelines. Failure to ship by the provided date or follow the www.TheGamingGrounds.com Shipping and Packaging Guidelines may be grounds for disciplinary including but not limited to termination of your Account. You authorize The Site to debit your bank account or PayPal account for up to the full amount of the purchase if you fail to adhere to www.TheGamingGrounds.com Shipping and Packaging Guidelines. You authorize The Site to debit your bank account or PayPal account for up to the full amount of the transaction if you send the Buyer goods which do not match the description of your sale listing.


Sellers may not conduct transactions of items listed on the Site with Buyers which occur outside of the Site. Failure to adhere to this policy will result in disciplinary action including but not limited to Written Warnings and/or Termination of account(s).


Payments


After a Completed Sale occurs www.TheGamingGrounds.com credits the net proceeds from the sale to your account. Keep in mind that refunds to buyers, selling fees, and other transactions are debited against amounts credited to your Account from sales. The funds in your Account will be automatically transferred to your designated checking account for Completed Sales on Friday of each week. To receive funds, you must provide bank account information for an account in the U.S. Payments will be made in U.S. Dollars. www.TheGamingGrounds.com reserves the right to restrict withdrawals and to your bank account if you are found to be in breach of your Seller agreement which states that you must deliver the listed item(s) from your transaction(s) in their listed condition(s) in a timely manner. The Site also reserves the right to withhold payment indefinitely if The Seller enters into misconduct with transaction(s) they have conducted.


As a security measure, www.TheGamingGrounds.com may, but is not required to, impose transaction limits on some or all sellers relating to the value of any transaction, disbursement, or adjustment, the cumulative value of all transactions, disbursements, or adjustments during a period of time, or the number of transactions per day or other period of time. The Site will not be liable to seller: (i) if we do not proceed with a transaction, disbursement, or adjustment that would exceed any limit established by us for a security reason, or (ii) if we permit a buyer to withdraw from a transaction because of issues involving the Account.


If www.TheGamingGrounds.com reasonably concludes based on information available to us that seller's actions and/or performance in connection with the Site may result in buyer disputes, chargebacks or other claims, then we may, in our sole discretion, delay initiating any remittances and withhold any payments to be made or that are otherwise due to you in connection with this marketplace agreement for the shorter of: (a) a period of 90 days following the initial date of suspension; or (b) completion of any investigation(s) regarding any seller actions and/or performance in connection with this marketplace agreement. We will not be liable to seller if we act in accordance with the provisions of this Section.


TAXES


It is the seller’s responsibility to collect and remit any taxes associated with a transaction. www.TheGamingGrounds.com may provide tools that allow a user to charge sales tax on transactions, but www.TheGamingGrounds.com will not be held responsible for the collection or lack of collection of any taxes due to the use of these tools. www.TheGamingGrounds.com is not responsible for determining when tax should be charged.


Information on Income Tax


1099-K is a tax form that payment services are now required to submit to the Internal Revenue Service (IRS). This affects high-volume sellers on www.TheGamingGrounds.com.


If you received Form 1099-K, it means that your sales exceed both of these levels in a calendar year:

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  • $20,000 USD in gross payment volume from sales of goods or services in a single year
  • 200 payments for goods or services in the same year

The Gaming Grounds will e-mail you a form to add your Tax ID number if you are a licensed and registered business.

IRS regulations require U.S. taxpayers to provide a Form W-9 to The Gaming Grounds on sales accruing over $15,000.

IRS regulations require non-U.S. taxpayers to provide Form W-8BEN to The Gaming Grounds in order to be exempt from U.S. tax reporting requirements.

REFUNDS AND RETURNS


For all of your products you will accept and process returns, refunds and adjustments in accordance with this seller agreement and the www.TheGamingGrounds.com Refund and Returns Policy published on the Site at the time of the applicable order, and we may inform customers that these policies apply to your products. Customers are not subject to restocking or refund processing fees when a Seller applies a refund. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping and handling or other charges) or other amounts to be paid by you to buyers in connection with www.TheGamingGrounds.com purchases, using functionality we enable for your account, and will route all such payments through www.TheGamingGrounds.com. We will provide any such payments to the buyers (which may be in the same payment form originally used to purchase your product), and you will reimburse us for all amounts so paid. We may offset such payments against any amounts to be remitted or paid by www.TheGamingGrounds.com to seller under this agreement or seek reimbursement from seller via any of the means authorized under this agreement. You will promptly provide refunds and adjustments that you are obligated to provide under the applicable wwww.TheGamingGrounds.com Refund and Returns Policy and as required by law, and in no case later than thirty (30) days after the obligation arises.


Exit and Termination


The seller can terminate participation in our marketplace at any time by written notice to www.TheGamingGrounds.com. www.TheGamingGrounds.com reserves the right to terminate a user’s participation in the marketplace at any time for any reason at its sole discretion, with or without notice to user. www.TheGamingGrounds.com reserves the right to monitor user accounts to determine if policies or laws are being broken. www.TheGamingGrounds.com reserves the right to remove or edit any content supplied by users. Any illegal or fraudulent activity may be reported to law enforcement or other third parties. Upon termination, seller must pay www.TheGamingGrounds.com any fees that were incurred prior to the effective date of termination, and any pending transactions will be canceled.


www.TheGamingGrounds.com reserves the right, upon termination, to offset against any payments to be made to seller, an amount determined by www.TheGamingGrounds.com to be adequate to cover chargebacks, refunds, adjustments or other amounts paid to buyers in connection with purchases from seller's account for a prospective four-month period. At the end of such four-month period following termination, www.TheGamingGrounds.com will disburse to seller any amount not used to offset chargebacks, refunds, adjustments, or such other amounts paid to buyers, or seek reimbursement from seller via any of the means authorized in this agreement for any additional amount required to offset chargebacks, refunds, adjustments, or other amounts paid to buyers, as applicable.


WARRANTY


www.TheGamingGrounds.com items listed for sale is provided as is and without warranty. www.TheGamingGrounds.com makes no warranties of any kind, expressed or implied. We strive to provide our Seller Dashboard and marketplace 24 hours a day 365 days a year, but we do not guaranty our marketplace will always be available. www.TheGamingGrounds.com will not be liable for any loss due to our Seller Dashboard, marketplace, or Buyer Dashboard not being available. www.TheGamingGrounds.com will not be liable for any loss due to errors in our software or the software of others that we use.


RISK OF LOSS


www.TheGamingGrounds.com may refuse service to anyone for any reason. www.TheGamingGrounds.com may earn interest or other compensation from the balances in our bank accounts that result from the timing difference between our being paid by a buyer and our bank account being debited to pay out credits to a seller. www.TheGamingGrounds.com will bear the risk of credit card fraud (i.e. fraudulent purchase arising from the theft and unauthorized use of a third party's credit card information) occurring in connection with a payment transaction through our Site, and the seller will bear all other risk of fraud or loss that are not fulfilled strictly in accordance with the order information and shipping information that we provide you. www.TheGamingGrounds.com reserves the right to seek reimbursement from the seller if we, in our sole discretion, decide to reimburse the buyer, provide a refund to the buyer if the seller cannot promptly deliver the goods, discover erroneous or duplicate transactions, or receive a chargeback from a buyer's credit card issuer for the amount of the buyer's purchase from the seller. www.TheGamingGrounds.com may obtain reimbursement of any amounts owed by the seller to www.TheGamingGrounds.com by deducting from future payments owed to the seller, reversing any credits to the Account, debiting the seller’s bank account, charging the seller's credit card, debiting the Seller’s PayPal account, or seeking such reimbursement from the seller by any other lawful means. You authorize us to use any or all of the foregoing methods to seek reimbursement, including the debiting of your credit card or checking account or PayPal account.


INDEMNITY/LIMITATION OF LIABILITY


You will defend, indemnify and hold harmless www.TheGamingGrounds.com and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this marketplace agreement; or (ii) your own website or other sales channels, the products you sell, any content you provide, the advertisement, offer, sale or return of any products you sell, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or content you provide, or the collection, payment or failure to collect or pay any taxes.


www.TheGamingGrounds.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE INABILITY TO USE THE SITE OR THE MARKETPLACE OR SELLER DASHBOARD OR BUYER’S DASHBOARD, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO VIA THE SITE.


DISPUTES


www.TheGamingGrounds.com is directly and indirectly involved with transactions between buyers and sellers. If a dispute arises, buyers and sellers are AT FIRST expected to deal with each other to come to a resolution. If a resolution is not successfully reached, www.TheGamingGrounds.com Customer Service (Roundtable Knight Dispute Specialists) may step in to mediate disputes between Buyers and Sellers on our platform. During mediation, www.TheGamingGrounds.com Customer Service and/or RoundTable Knight Dispute Specialist team may apply full or partial refunds to resolve disagreements, any and all refunds are at the discretion of the Customer Service Team. These refunds will be directly debited from the Seller’s bank and/or Paypal account(s) within 72 hours of the dispute resolution. By entering in this agreement, you waive the ability as a Seller or Buyer to dispute the outcome of the dispute indefinitely.


CONTENT AGREEMENT


By agreeing to the marketplace seller agreement, you grant the royalty-free use of any content you submit to us. You represent that you own any content you submit to us or you have the right to distribute submitted content. You will be responsible for any violation of rights for unauthorized content.


SEVERABILITY


If any section of this agreement is deemed unlawful, void or unenforceable, then that section shall be deemed severable and the remainder of the agreement will remain in force. Failure to enforce any section of this agreement by www.TheGamingGrounds.com does not constitute a waiver of www.TheGamingGrounds.com’ right to enforce such section or any other section in the future.