- Terms of service
Terms of service
TERMS OF SERVICE
Last modified: August 12, 2022 Estonia, Tallin
1.1. StartGaming is a marketplace that allows users to offer, sell and buy products through the website https://startgaming.net/ (“Site”). As a marketplace, StartGaming does not own or sell the items listed on this site. The actual contract for sale is directly between Buyers and Sellers. While StartGaming may help to facilitate the transactions and/or resolution of disputes between Buyers and Sellers, StartGaming has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of Users’ content or listings. You agree that the Site is a venue and as such StartGaming is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on the Site. You use the Site at your own risk.
1.3. Please be advised that this Agreement contains provisions that govern how claims you and/or StartGaming may have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below).
1.4. Acceptance of the Agreement. By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a User. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. If you do not accept all of the terms and conditions of this Agreement, please do not use this Site. You may not use the Site and may not accept the terms of this Agreement if (a) you are not of legal age and/or have no necessary consents and approvals (including consents of parents/guardians – if applicable) to form a binding contract, or (b) you are a person barred from using the Site under the laws of the United States or other countries including the country in which you are a resident or from which you use the Site. StartGaming may verify the age and/or nationality of the Account owner. As a part of the verification process, StartGaming may require the Account owner to provide additional identification information, including, without limitation, a copy of a valid driver’s license (or other form of government issued identification). This Agreement applies to all users of the Services, including without limitation users who are vendors, customers, merchants, or contributors of content, information and other materials or services. Before you continue, you should print off or save a local copy of this Agreement for your records.
1.5. Amendments. StartGaming may amend this Agreement and/or Site policies at any time, with or without notice to you, by posting the amended and restated Agreement or policy on the Site. The amended and restated Agreement and/or policy shall be effective immediately upon posting. Posting by StartGaming of the amended and restated Agreement or policy and your continued use of the Site shall be deemed to be an acceptance of the amended terms. This Agreement and Site policies may not otherwise be modified, except in writing by an authorized officer of StartGaming.
2.1. “StartGaming Content” – information, text, images, video clips, directories, files, databases or offers available on or through the Site.
2.2. “Registered User” – each User who has filled out a registration form on the Site by giving User information (such as name, address, telephone number, fax number, email address, etc.). StartGaming will establish an account (“Account”) for each Registered User on the Site and each Registered User will be assigned a user alias (“User Name”) and password (“Password”) for log-in access to its/his/her Account on the Site.
2.3. “Third-Party Content” –content displayed on the Site that is provided or posted by third parties.
2.4. “Third Party Rights” – third party copyrights, trademarks, trade secrets, patents, and other personal or proprietary rights affecting or relating to material or information displayed on the Site, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on the Site.
2.5. “Transaction Risks” – The risks assumed by Users when using the Site or conducting transactions via the Site. Transaction Risks include risks of liability or harm of any kind in connection with using the Site. Such risks shall include, but are not limited to: (i) misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, and breach of contract; (ii) risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights, and the risk that Users may incur costs of defense or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands, or claims by Third Party Rights claimants; (iii) risks that consumers, other purchasers, end-users of products, or others claiming to have suffered injuries or harms relating to a product originally obtained by Users of the Site as a result of purchase and sale transactions in connection with using the Site may suffer harms and/or assert claims arising from their use of such products.
2.6. “User” – any person who accesses the Site for whatever purpose, regardless of whether said User has registered with the Site as a Registered User. A User includes any person using this Site and any legal entity which may be represented by such person under actual or apparent authority.
3. USE OF THE SITE
3.1. General. Users may use this Site solely for their own personal or internal purposes. Each User agrees that it shall not copy, reproduce or download any StartGaming Content for the purpose of re–selling or re–distributing StartGaming’s Content, mass mailing (via emails, wireless text messages, physical mail, or otherwise), operating a business that competes with StartGaming, or otherwise commercially exploiting StartGaming Content. Systematic retrieval of StartGaming Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices, or manual processes) without written permission from StartGaming is prohibited. In addition, use of StartGaming Content for any purpose not expressly permitted in this Agreement is prohibited.
3.2. Messages or information sent by a User through communication systems provided by StartGaming, as well as emails, faxes, letters to addressees, or instant messages sent to addresses acquired from information obtained from the Site, shall not contain any of the materials described in the provisions of Section 5.4.
3.3. No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by StartGaming or any other User, and no User shall attempt to gain unauthorized access to such computer systems or networks.
3.5. Third Party Rights. As a condition of your access to and use of the Site, you agree that you will not use our Services to infringe the Third Party Rights of others in any way. StartGaming may in appropriate circumstances terminate the accounts of Users who are repeat infringers of the Third Party Rights of others. In addition, StartGaming reserves the right to terminate the account of any User if StartGaming believes that the User’s conduct is harmful to the interests of the Site, StartGaming, its employees, directors, affiliates, or other Users, or for any other reason in StartGaming’s sole and absolute discretion, with or without cause.
3.6. By using the Site, You also covenant, represent, and warrant that:
You have all necessary and relevant experience and knowledge to deal with digital items, have a full understanding of their framework, are aware of all the merits, risks and any restrictions associated with digital assets (including their purchase and use), as well as the necessary and relevant expertise and knowledge to purchase, use and manage them, and are solely responsible for any evaluations based on such knowledge;
If You are a corporation, governmental organization or other legal entity, You have the right, power and authority to act on behalf of such corporation, governmental organization or other legal entity and bind them to these Terms;
You will not use the Website for any illegal activity and You are not engaged in any illegal activity;
You solely control Your credentials (email address, password or other information provided for the purpose of the Website use) and do not act on behalf of any third party.
3.7. No person, employee, agent or entity affiliated in way to any game publisher or developer, including, without limitation, Blizzard Entertainment, Battle.net, Sony Online Entertainment Inc., Sony Computer Entertainment America Inc., NCSoft Corporation, Turbine, Ubisoft, Codemasters, Electronic Arts, CCP Games, Atari, Webzen, Acclaim, Mythic Entertainment, Inc., Lucasfilm Entertainment Company Ltd., and Square Enix CO., LTD., is authorized to use or access this site or to utilize the services provided herein.
4. REGISTERED USERS
4.2. Notwithstanding Section 4.1 above, StartGaming may refuse registration and deny the issuance of an Account and associated User Name and Password to any User for whatever reason or for no reason at all.
4.3. By creating an Account, You also consent to receive electronic communications from StartGaming (e.g., via email). These communications may include notices about your Account (e.g., password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the respective unsubscribe instructions.
4.4. StartGaming may suspend or terminate a Registered User’s Account at any time if:
In StartGaming’s sole and absolute determination, there is any breach of the provisions of this Agreement by the Registered User; or
StartGaming has reasonable grounds to suspect that information provided by a Registered User is untrue, inaccurate or is not current or complete; or
StartGaming believes that User conduct is harmful to the interests of the Site, StartGaming, its employees, directors, affiliates, or other Users; or
For any other reason in StartGaming’s sole and absolute discretion.
4.5. Prohibition on transferability of Account, User Name, and Password. A Registered User may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer an Account, User Name or Password to a third party without the prior written consent of StartGaming. StartGaming may suspend or terminate the Account of a Registered User or the transferee of a Registered User in the event of a sale, offer to sell, gift, assignment or transfer in violation of this Section.
4.6. Without limiting any other remedies, we may suspend, terminate, delete, limit, or modify Accounts or access to the Services or any portions thereof, hold, delay, or remove hosted content, take legal and technical steps to prevent access to the Services, or take other action consistent with these Terms, with or without notice to you, if we suspect or determine, in our sole discretion, that you have failed to comply with any of these Terms or have otherwise engaged in illegal activity or improper use of our Services. This may result in the loss or termination of your Account, information, persona, rankings, benefits, virtual items, in-game purchases, subscription, or other losses. We are not and will not be held responsible for any such losses, and are under no obligation to compensate you therefor.
4.7. We reserve the right to stop offering and/or supporting our Services or any portion thereof, including but not limited to any particular service, product, or game, at any time for any reason. If this does occur, your license to access or use the applicable Services will automatically terminate. We reserve the right to terminate any Account that has been inactive for 180 days or more. We are not required to notify you in advance of any of these actions, or to provide you with any refunds, compensation, or any material or non-material benefit for discontinued or terminated Services, or terminated Accounts, or any losses resulting therefrom.
4.8. You may choose to close your Account for any reason and at any time. If you choose to exercise this right, please inform StartGaming that you wish to close your Account by opening a support ticket requesting that your Account be closed. You understand that if you close your Account, you may no longer have access to information previously associated with your Account.
5. POSTING ON THE SITE
5.1. You must be a Registered User in order to post information on the Site using the self–help submit and edit tools provided by the Site.
5.2. No sales agency relationship is created between any User and StartGaming, its affiliates, directors, officers or employees by virtue of StartGaming’s display of any of the User’s information on the Site.
5.3. Each User hereby represents, warrants and agrees:
That any information provided by the User to be displayed on the Site is true, accurate, current and complete; and
That it will maintain and promptly amend all information to keep it true, accurate, current and complete.
5.4. Prohibited behavior. Each User hereby represents, warrants and agrees that information submitted to StartGaming for display on the Site shall not:
Contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
Be part of a scheme to defraud other Users of the Site or for any other unlawful purpose;
Relate to the sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any Third Party Rights;
Violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti–discrimination or false advertising);
Be defamatory, libelous, unlawfully threatening or unlawfully harassing;
Be obscene or contain or infer any pornography or sex–related merchandising or any other content that otherwise promotes sexually explicit materials or is otherwise harmful to minors;
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
Contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming);
Solicit business from any Users in connection with a commercial activity that competes with StartGaming/the Site;
Contain any computer viruses, Trojan horses, worms or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data, or personal information;
Involve any countries, entities, individuals or items prohibited by sanctions, embargoes, regulations or orders administered by the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”) or other government agencies;
Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall;
Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person, or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
Link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement; or
Otherwise create any liability for StartGaming, its employees, directors or its affiliates.
5.5. Third Party Rights. Each User hereby represents, warrants and agrees that it has obtained all necessary third party copyright, trademark, trade secret or patent licenses and permissions, or such other licenses or permissions as may be required in connection with any other personal or proprietary rights of any third party (including but not limited to rights of personality and rights of privacy), for any material or information it posts on the Site or provides to StartGaming/the Site or authorizes StartGaming to display. Each User hereby represents, warrants and agrees that it shall be solely responsible for ensuring that any material or information it posts on the Site or provides to StartGaming or authorizes StartGaming to display does not, and that the products represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such rights. Each User hereby represents, warrants and agrees that it has the right to manufacture, offer, sell, import and distribute the products it offers and displays on the Site, and that such manufacture, offer, sale, importation and/or distribution of those products violates no Third Party Rights.
5.6. Grant of license. Each User hereby grants an irrevocable, perpetual, worldwide and royalty–free, sub–licensable (through multiple tiers), assignable license to StartGaming and its affiliates to display and use all information provided by such User in accordance with the purposes set forth in this Agreement and to exercise the rights the User has in such material or information, including, but not limited to, copyright, publicity, and database rights, in any media now known or not currently known.
5.7. Removal of Material. StartGaming reserves the right in its sole and absolute discretion to remove any material displayed on the Site, including material which it believes in its sole and absolute discretion is unlawful, could subject StartGaming to liability, violates this Agreement, or is otherwise deemed inappropriate.
5.8. StartGaming reserves the right to cooperate fully with governmental authorities, private investigators, and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Furthermore, StartGaming may disclose the identity and contact information of any User if requested to do so by a government or law enforcement body, an injured third party, a subpoena, or any other legal action, and StartGaming shall not be liable for damages or any other consequences thereof. User further agrees that it will not bring any action or claim against StartGaming for such disclosure. In connection with any of the foregoing, StartGaming may suspend or terminate the Account of any User as StartGaming deems appropriate in its sole and absolute discretion. User agrees that StartGaming shall have no liability to User, including liability for consequential or any other damages, in the event StartGaming takes any of the actions mentioned in this Section, and User agrees to bear the risk that StartGaming may take such actions.
6. TRANSACTIONS BETWEEN BUYERS AND SELLERS
6.1. General. StartGaming provides an electronic web–based platform for exchanging information between buyers (“Buyer” or “Buyers”) and sellers (“Seller” or “Sellers”) of products and services. For each transaction, StartGaming requires the parties to complete the transaction (deliver the goods to the Buyer) for Seller to get paid.
6.2. Users are solely responsible for all of the terms and conditions of the transactions conducted on, through, or as a result of use of the Site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
6.3. Listing Description. All listings on the Site must be for sale. By listing an item, you warrant that you and all aspects of the item comply with the Site’s policies. You also warrant that you have the full rights to sell the item, and that such selling will not violate any legal or contractual obligations to which you may be subject. You must accurately describe your item and all terms of sale. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing.
6.4. Binding Sale. Sellers are responsible for accurately listing their items and buyers are responsible for reading the description of items before making a purchase. All sales are binding. The Seller is obligated to ship the order, transfer the item, or otherwise complete the transaction with the Buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the Buyer fails to meet the terms of the Seller’s listing (such as payment method), or (b) the Seller cannot authenticate the Buyer’s identity. The Buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
6.5. In assistance to the Seller concluding a transaction on the Site, StartGaming acts as a disclosed commercial agent of the Seller in the limited scope where StartGaming is in each case hereby authorized by the respective Seller to accept a respective payment from the Buyer on behalf of the Seller for the goods sold by such Seller to the Buyer. For the avoidance of doubt, such funds received on behalf of the Seller by StartGaming are and at all times remain the property of the Seller. In any case, StartGaming does not control and is not liable to or responsible for the quality, safety, lawfulness, or availability of the products or services offered for sale on the Site, the ability of Sellers to complete a sale, or the ability of Buyers to complete a purchase. Users are hereby made aware that there may be risks of dealing with other Users acting under false pretenses. StartGaming uses several techniques to verify the accuracy of the information our Users provide to us when they register on the Site. However, because User verification on the Internet is complex and problematic, StartGaming cannot and does not confirm each User’s purported identity. We encourage you to use the various tools available on the Site, as well as common sense, to evaluate with whom you are dealing.
6.6. Assumption of Risks. Each User acknowledges that it is fully assuming all Transaction Risks when using the Site to conduct transactions, and that it is fully assuming the risks of liability or harm of any kind in connection with using the Site. Each User agrees that StartGaming shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions, or expenditures of any kind that may arise as a result of or in connection with any Transaction Risks.
6.7. Taxes. All listings and their prices on the Site must be placed pursuant to “all taxes included” principle. Users shall pay all sales and use taxes and all other taxes arising from their use of the Site and the transactions concluded therein. The Users are particularly responsible for paying any due taxes (including VAT from sale of In-game items through the Site), fees or other due amounts required in connection with the agreements they have concluded between each other (including issuing any invoices and provision of any reporting documentation). StartGaming in any case is not liable for settling above fees and taxes and for any filing obligations of the Users.
6.8. Refund policy. All sales are final on StartGaming and there are no refunds unless the item is not delivered or not as described. If this is the case, you’ll will receive a full refund to the same card or details from which this services was paid. The user can request a refund by going to the order page and raising a dispute. Alternatively, the user can contact 24/7 Live Support on the bottom right corner of the website. The refund can take up to 1 week to process.
6.9. Chargeback policy. Once an order has been marked as delivered by the seller and received by the buyer, orders are considered Completed, both parties are satisfied, and the sale is final. In the event of a chargeback placed by you with your credit card StartGaming (done intentionally or by mistake) for any deposit made by you in your StartGaming’s account, we reserve the right to block your account and then a thorough investigation will be carried out on behalf of the StartGaming to determine the legitimacy of the chargeback. The blocked amount will only be released if the chargeback is found to be valid.
7. FEES AND PAYMENTS
7.1. Seller fees. Seller fees can be viewed here: 5% – 9%.StartGaming may change its fees from time to time by posting the changes on the Site 14 days in advance, but with no advance notice required for temporary promotions.
7.2. Buyer and Withdrawal fees. The fees we charge for processing payments are posted on our Fees page. StartGaming may change its fees from time to time by posting the changes on the Site 14 days in advance, but with no advance notice required for temporary promotions.
7.3. Users must have a payment method on file when selling or buying on the Site, and Users must pay all fees and applicable taxes associated with our Services by the payment due date. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, as well as retaining collection agencies and legal counsel). In addition, Users will be subject to late fees.
7.4. When you provide payment information to StartGaming or to one of its payment processors, you represent and warrant that you are the authorized user of such information, including, without limitation, the credit card, PIN, key, or associated account, and you authorize StartGaming and the payment processors to charge you for your purchases, subscriptions, or any other fees incurred by you.
7.5. StartGaming, in its sole discretion, may inspect and verify (i) details related to the listing sold on the Site, (ii) the buyer of the Site listing, and (iii) the seller of the Site listing. As a part of the verification process, StartGaming may require the buyer or seller to provide additional identification information, including, without limitation, a copy of a valid driver’s license (or other form of government issued identification) prior to or during the transaction. Users may also be asked to go through additional security procedures and share additional information to confirm their identity. StartGaming reserves the right to reject any item that we believe (in our sole discretion) may: (i) be fraudulent, invalid, inauthentic or stolen, (ii) have come from an unauthorized or illegal source, (iii) be related to any illegal activity or (iv) otherwise pose a financial risk to us or our users.
7.6. You agree and acknowledge that payment processing services are provided by third parties (“Payment Processors”), including but not limited to PayPal Holdings, Inc., and are subject to the respective service agreements (collectively, the “Payment Services Agreement”). By using the Services, you agree to be bound by the terms in this section and the Payment Services Agreement, as the same may be modified by us or by the Payment Processors from time to time. As a condition of selling, you agree to provide StartGaming accurate and complete information about you and your business (if applicable), and you authorize StartGaming to share, in accordance with the Payment Services Agreement, such information and applicable transaction information related to your use of the payment processing services provided by the Payment Processors.
Funds deposit and withdrawal rules. You can deposit not less than USD $3 to your Account. Deposit are only available in USD. You can withdraw not less than $10.00 from Account. Under normal circumstances, withdrawal from your Account will be completed within the term of up to 48 hours during business days (meaning a day other than a Saturday or Sunday), but delays of up to 5 business days.
8. DISPUTES BETWEEN USERS
8.1. StartGaming as Arbitrator. In the event that any User has a dispute with any other User with regard to a transaction on the Site, such User agrees to submit the dispute to StartGaming as the arbitrator for final and binding judgment. In order to allow StartGaming to fairly and reasonably conduct investigations, Users agree to refrain from seeking third party arbitration while an order is still open or pending. Users who seek third party intervention (with the exception of Government Investigative Authorities) will be seen as interfering with the investigative process and attempting to force a decision in their favor. StartGaming reserves the right to suspend or permanently ban Users who attempt to interfere with standard operating procedures for orders which are still active or pending.
8.2. Obligation to Reimburse. If a Seller is required to reimburse the Buyer or StartGaming, the Seller authorizes StartGaming to remove the reimbursement amount (in same or other currency) from their designated payment method (i.e. PayPal) on the Site. The Seller is required to have a valid payment method on file. If there are insufficient funds in the account, the Seller authorizes StartGaming to charge any reimbursement amount owed to the payment method on file. StartGaming may also place the reimbursement amount on the Seller’s invoice. If Seller does not provide StartGaming with a valid payment method, StartGaming may collect the outstanding sums using other collection mechanisms, including retaining collection agencies.
8.3. Fines. In the rare event that StartGaming determines that a dispute between Users is due to a User’s breach of this User Agreement, the breaching User authorizes StartGaming to levy a fine against the User’s payment method, up to EUR 100. In addition, StartGaming may suspend or ban the User’s Account, and/or require a deposit of up to EUR 200 to reactive the User’s Account.
8.4. Release. If you have a dispute with one or more Users, you agree to release and indemnify StartGaming and its officers, directors, employees, agents, affiliates, and subsidiaries from all claims, demands, actions, proceedings, costs, expenses and damages, including without limitation any actual, special, incidental or consequential damages of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. 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 that you may know or suspect to exist in your favor at the time of agreeing to this release.
9. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
9.1. THE FEATURES AND SERVICES ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND STARTGAMING HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.
9.2. STARTGAMING MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE. STARTGAMING DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND STARTGAMING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITE.
9.3. Any material downloaded or otherwise obtained through the Site is done at each User’s sole discretion and risk, and each User is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from StartGaming or through or from the Site shall create any warranty not expressly stated herein.
9.4. Force Majeure. Under no circumstances shall StartGaming be held liable for any delay, failure, or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or nonperformance of third parties.
9.5. Each User hereby agrees to indemnify and hold harmless StartGaming, its affiliates, directors, officers, and employees, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly:
From such User’s use of the Site, including but not limited to the display of such User’s information on the Site;
From such User’s breach of any of the terms and conditions of this Agreement; From such User’s breach of any representations and warranties made by the User to StartGaming;
As a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site.
9.6. StartGaming and its affiliates, directors, officers and employees shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise, or any other damages resulting from any of the following:
The use or the inability to use the Site;
Any defect in goods, samples, data, information or services purchased or obtained from a User or a third–party service provider through the Site;
Any claims or demands that User’s manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
Unauthorized access by third parties to data or private information of any User;
Statements, conduct, or material posted by Users of the Site, including defamatory, offensive or illicit material; or
Any other matter relating to the Site.
9.7. Right to assume defense and control. StartGaming reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with StartGaming in asserting any available defenses.
9.8. StartGaming reserves the right to limit, deny or create different access to the Site and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. Each User acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall StartGaming or any of its affiliates, directors, officers, or employees be liable to the User or to any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise).
9.9. Third-Party Content. StartGaming is not the author of Third Party Content, whether contributed by anonymous users or paid content providers. Neither StartGaming nor any of its affiliates, directors, officers or employees has entered into any sales agency relationship with such third party by virtue of our display of Third Party Content on the Site. Any Third Party Content is the sole responsibility of the party who provided the content. Neither StartGaming nor any of its affiliates, directors, officers or employees is responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User’s reliance on such Third Party Content. In addition, neither StartGaming nor any of its affiliates, directors, officers or employees is responsible for the conduct of any User’s activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User’s conduct.
9.10. Third-Party Websites. StartGaming may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party’s website. User acknowledges that StartGaming has no control over such third party websites, does not monitor such websites, and neither StartGaming nor any of its affiliates, directors, officers or employees shall be responsible or liable to anyone for such website, or any content, products or services made available on such website. User is cautioned to read such websites’ terms and conditions and privacy policies before using such third party websites in order to be aware of the terms and conditions of your use of such websites.
9.11. Regardless of the previous provisions, if StartGaming is found to have liability, its liability is limited to the greater of a) the amount of the specific transaction in dispute, b) the amount of fees in dispute not to exceed the total fees which User paid to StartGaming in the 12 months prior to the action giving rise to the liability, or c) EUR 100.
10. STARTGAMING’S INTELLECTUAL PROPERTY RIGHTS
10.1. General. StartGaming is the sole owner or lawful licensee of all the rights to the Site and the StartGaming Content. The Site and the StartGaming Content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and the StartGaming Content shall remain with StartGaming, its affiliates, or licensors of the StartGaming Content, as the case may be. All rights not otherwise claimed under this Agreement or by StartGaming are hereby reserved.
10.2. Trademarks and Service Marks. “StartGaming” and related icons and logos are registered trademarks or trademarks or service marks of StartGaming in various jurisdictions, and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
11.1. You are responsible for maintaining the confidentiality and security of your Account and password, and accept responsibility for all activities that occur under your Account or password. You must notify StartGaming immediately in the event that the security of your login or password has been breached or compromised.
11.2. You are also responsible for maintaining adequate security and control of any and all identification numbers any other codes that you use to access the Account.
11.3. You agree to not hold StartGaming liable for any loss arising out of, or in any way connected to, your failure to properly secure and keep private your Account information, email address, any password and any other identification numbers/codes used in connection with your Account.
11.4. StartGaming shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your Account, computer or other equipment, or any phishing, spoofing or other attack.
11.5. StartGaming does not guarantee the confidentiality or privacy of any communication or information transmitted on the Site or any site linked to the Site. StartGaming will not be liable for the privacy or security of information, e-mail addresses, registration and identification information, disk space, communications, confidential or proprietary information, or any other content transmitted over networks accessed through the Site, or otherwise connected with your use of the Site.
12. NOTICE TO USERS
All notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, facsimile, or email to the last known correspondence, fax or email address provided by the User to StartGaming, or by posting such notice or demand on an area of the Site that is publicly accessible without charge. Notice to a User shall be deemed to be received by such User if and when:
StartGaming is able to demonstrate that the communication, whether in physical or electronic form, has been sent to such User; or
Immediately upon StartGaming’s posting of such notice on an area of the Site that is publicly accessible without charge.
13. LEGAL DISPUTES
13.1. You and StartGaming agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Agreement, your use of or access to the Site, the Services, or any products or services sold or purchased through the Sites, services, applications, or tools will be resolved in accordance with the provisions set forth in this Legal Disputes Section. Please read this Section carefully. It affects your rights and will have a substantial impact on how claims you and StartGaming have against each other are resolved.
13.2. Applicable Law. You agree that the laws of the Republic of Estonia, without regard to the principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and StartGaming, except as otherwise stated in the User Agreement.
13.3. Agreement to Negotiate and Arbitrate. In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the Tallinn Commercial Arbitrage, operating under its rules. The place of arbitration shall be Tallinn, Estonia, and the language of arbitration shall be English.
13.4. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND STARTGAMING AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND STARTGAMING AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER SITE’S USERS.
13.5. Consent to Jurisdiction. In the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that has arisen or may arise between you and StartGaming must be resolved exclusively by a competent court of the Republic of Estonia. You and StartGaming agree to submit to the personal and exclusive jurisdiction of the courts located within the Republic of Estonia, for the purpose of litigating all such claims or disputes.
14.2. StartGaming and the User are independent contractors, and no agency, partnership, joint venture, employee–employer, or franchiser–franchisee relationship is intended or created by this Agreement.
14.3. Failure of StartGaming to exercise or enforce any right or provision of the terms of this Agreement shall not constitute a waiver of such right or provision.
14.4. If any provision herein is held to be invalid or unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions of this Agreement.
14.5. User agrees that there shall be no third party beneficiaries to this agreement.
14.6. Headings are for reference purposes only, and in no way define, limit, construe or describe the scope or extent of such section.
15. INFORMATION SECURITY POLICY.
15.1. You can pay for the order with Visa, Master Card, Mir bank cards or through Apple Pay payment systems. (You can specify additional payment methods on your site optimally). To pay for the purchase, you will be redirected to the server of the Unitpay payment system, where you need to enter the necessary data. When paying with a bank card, payment security is guaranteed by the Unitpay processing center.
15.2. The Unitpay payment system has a confirmed certificate of compliance with the requirements of the PCI DSS standard in terms of storing, processing and transferring cardholder data. The PCI DSS bank card security standard is supported by international payment systems, including MasterCard and Visa, Inc. The Unitpay system is also a member of the Compliance Control PCI DSS Compliance Process (P.D.C.P.) continuous compliance program. Your confidential data required for payment (card details, registration data, etc.) are not sent to the online store – their processing is carried out on the side of the Unitpay processing center and is completely protected.